Income Tax Assessment Act 1936
View history note
Hide history noteFor the purposes of section 269-60 , if:
(a) the trust distributes, directly or indirectly to an individual as mentioned in that section, income or capital that is included in a test year distribution; and
(b) a later distribution of income or capital is made that is included in the same or a different test year distribution; and
(c) either the individual dies before the later distribution is made or:
(i) before it is made, there is a breakdown in the marriage or relationship (see section 272-140) of the individual; and
(ii) after the breakdown, no distribution of income or capital of the trust, that is included in a test year distribution, is made directly or indirectly to the individual; and
(iii) it is reasonable to assume that the breakdown in the marriage or relationship is the reason for no such distribution being made;
then subsections (2) and (3) apply.
269-80(2)
No income or capital distributed to the individual by the trust, directly or indirectly as mentioned in section 269-60 , is to be included in any test year distribution.
269-80(3)
If:
(a) the requirements of subsection (1) are met because the individual has died; and
(b) immediately before his or her death, the individual had directly or indirectly, and for his or her own benefit, a fixed entitlement to a share of the income or capital of the trust; and
(c) after the individual ' s death, the fixed entitlement is held by a person as trustee of the individual ' s estate or by a person who received it as a beneficiary of the estate;
no income or capital distributed to the person as such a trustee or beneficiary, directly or indirectly as mentioned in section 269-60 , is to be included in any test year distribution.
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