CHAPTER 3
-
SPECIALIST LIABILITY RULES
PART 3-32
-
CO-OPERATIVES AND MUTUAL ENTITIES
History
Part 3-32 inserted by
No 97 of 2008
, s 3 and Sch 1 item 11, applicable in relation to demutualisations occurring on and after 1 July 2007.
Division 315
-
Demutualisation of private health insurers
History
Div 315 inserted by
No 97 of 2008
, s 3 and Sch 1 item 11, applicable in relation to demutualisations occurring on and after 1 July 2007.
Subdivision 315-C
-
Lost policy holders trust
History
Subdiv 315-C inserted by
No 97 of 2008
, s 3 and Sch 1 item 11, applicable in relation to demutualisations occurring on and after 1 July 2007.
SECTION 315-155
Trustee assessed if assets dealt with not for benefit of lost policy holder
315-155(1)
This section applies in relation to a *capital gain from a *CGT event if:
(a)
the CGT event happens in relation to an asset held by the trustee of a lost policy holders trust; and
(b)
section
315-150
does not apply to the CGT event.
315-155(2)
If this section applies:
(a)
sections
115-215
and
115-220
do not apply in relation to the *capital gain; and
(b)
for the purposes of this Act, the trustee is taken to be *specifically entitled to all of the capital gain.
History
S 315-155(2) substituted by No 62 of 2011, s 3 and Sch 2 item 47, effective 29 June 2011. For application provisions see note under s
115-200
. S 315-155(2) formerly read:
315-155(2)
If this section applies:
(a)
for the purposes of sections
97
,
98A
and
100
of the
Income Tax Assessment Act 1936
, the share of the net income of the trust that is attributable to the *capital gain is taken not to be included in the assessable income of a beneficiary of the trust; and
(b)
the trustee is not assessed, and is not liable to pay tax, in respect of the share under section
98
of the
Income Tax Assessment Act 1936
.
Note:
Because of these consequences in relation to sections
97
and
98
of the
Income Tax Assessment Act 1936
, the trustee will be assessed on the beneficiary's share under section
99A
of that Act.
History
S 315-155 inserted by
No 97 of 2008
, s 3 and Sch 1 item 11, applicable in relation to demutualisations occurring on and after 1 July 2007.