Taxation Administration Act 1953

SCHEDULE 1 - COLLECTION AND RECOVERY OF INCOME TAX AND OTHER LIABILITIES  

Note: See section 3AA .

Chapter 2 - Collection, recovery and administration of income tax  

PART 2-10 - PAY AS YOU GO (PAYG) INSTALMENTS  

Division 45 - Instalment payments  

Subdivision 45-N - How this Part applies to the trustee of a trust  

Trustees to whom this Part applies

SECTION 45-455   TRUSTEES TO WHOM SEVERAL INSTALMENT RATES ARE GIVEN  

Trustee previously assessed in respect of beneficiary

45-455(1)    
This Part also applies for an income year (the current year ), to the trustee of a trust, in respect of a beneficiary of the trust, if for a previous income year the trustee of the trust was liable to be assessed, and to pay tax, under subsection 98(1) or (2) of the Income Tax Assessment Act 1936 in respect of that beneficiary.

45-455(2)    
However, this Part does not apply for the current year to the trustee in respect of that beneficiary if:

(a) for that previous income year the trustee was liable to be assessed, and to pay tax, under subsection 98(1) of the Income Tax Assessment Act 1936 in respect of that beneficiary; and

(b) that beneficiary will no longer be under a legal disability, or it is reasonable to expect that he or she will no longer be under a legal disability, at the end of the current year.

Trustee previously assessed under section 99 or 99A

45-455(3)    
This Part also applies for an income year to the trustee of a trust if for a previous income year the trustee was liable to be assessed, and to pay tax, under section 99 or 99A of the Income Tax Assessment Act 1936 .

Multiple applications of this Part to the same trustee for the same income year

45-455(4)    
The application of this Part for an income year, to the trustee of a trust, in respect of a beneficiary of the trust, because of subsection (1), is distinct from, and additional to, each of the following:

(a) the application of this Part for that income year, to the trustee of the trust, in respect of another beneficiary;

(b) the application of this Part for that income year, to the trustee of the trust, because of subsection (3);

(c) the application of this Part for that income year to a beneficiary of the trust.

45-455(5)    
The application of this Part for an income year, to the trustee of a trust, because of subsection (3), is distinct from, and additional to, each of the following:

(a) the application of this Part for that income year, to the trustee of the trust, in respect of a beneficiary of the trust, because of subsection (1);

(b) the application of this Part for that income year to a beneficiary of the trust.

45-455(6)    
A multi-rate trustee is a trustee to whom this Part applies because of this section.