S 102AAZA repealed by No 101 of 2013, s 3 and Sch 2 item 9, applicable: (a) in respect of tax other than withholding tax
-
in relation to income years starting on or after the date mentioned in subsection
815-15(2)
of the
Income Tax (Transitional Provisions) Act 1997
, as inserted; and (b) in respect of withholding tax
-
in relation to income derived, or taken to be derived, in income years starting on or after that date. S 102AAZA formerly read:
SECTION 102AAZA MODIFIED APPLICATION OF DIVISION 13 OF PART III
102AAZA
In calculating the attributable income of a trust estate of a year of income:
(a)
for the purposes of section 136AC, if the trust estate is a non-resident trust estate in relation to the year of income
-
the trustee is taken to be a non-resident, within the meaning of that section, without regard to the assumption about the trustee's residence that is made in whichever of the following provisions is applicable:
(i)
the definition of
net income
in subsection
95(1)
;
(ii)
the definition of
net income
in subsection
102D(1)
;
(iii)
the definition of
net income
in section
102M
;
(iv)
section 295-10 of the
Income Tax Assessment Act 1997
; and
(b)
section
136AF
applies as if:
(i)
the reference in subsection
136AF(1)
to the application of section 136AD in relation to a taxpayer were a reference both to:
(A)
the application of that section in relation to any trust estate in calculating its attributable income or in relation to any CFC in calculating its attributable income under Division 7 of Part X; and
(B)
the actual application of that section in relation to any taxpayer in calculating the taxable income of the taxpayer apart from this Division; and
(ii)
the references in paragraphs 136AF(1)(a) and (b) to assessable income or allowable deductions in relation to the relevant taxpayer were references to assessable income, or to allowable deductions, taken into account in calculating the attributable income of the trust estate.
S 102AAZA amended by No 15 of 2007, s 3 and Sch 1 item 88, by substituting
"
section 295-10 of the
Income Tax Assessment Act 1997
"
for
"
section 272
"
in para (a)(iv), applicable to the 2007-2008 income year and later years.
S 102AAZA inserted by No 5 of 1991.
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