Taxation Administration Act 1953
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Hide history noteNote: See section 3AA .
Chapter 2 - Collection, recovery and administration of income taxSECTION 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.
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