Tax Laws Amendment (2004 Measures No. 7) Act 2005 (41 of 2005)

Schedule 8   Family trust elections

Income Tax Assessment Act 1936

2   After subsection 272-80(4) in Schedule 2F

Insert:

Earlier year may be the specified year

(4A) The specified income year may be a year before the one in which the election is made if:

(a) at all times in the period from the beginning of the specified income year until 30 June in the income year before the one during which the election is made, the trust passes the family control test (see section 272-87); and

(b) either:

(i) any conferrals of present entitlement to income or capital of the trust made by the trustee during that period have been made on; or

(ii) any distributions of income or capital of the trust made by the trustee during that period have been made to;

the individual specified in the election or members of that individual's family group.