Tax Laws Amendment (2011 Measures No. 8) Act 2011 (136 of 2011)
Schedule 1 Commissioner's discretion for primary production concessions
Income Tax Assessment Act 1997
2 At the end of section 385-163
Add:
(4) However, in the case of a trust, a disentitling event does not happen if:
(a) either:
(i) the disentitling event is covered by paragraph 3(c); or
(ii) the disentitling event is covered by paragraph 3(d) and a beneficiary leaves Australia permanently, or it appears to the Commissioner that a beneficiary is about to do so; and
(b) the Commissioner makes a determination under subsection (5).
(5) The Commissioner may make a determination for the purpose of subsection (4) if it is fair and reasonable to do so having regard to:
(a) the nature of the *disentitling event to which subsection (3) applies; and
(b) any relevant circumstances relating to the beneficiary mentioned in paragraph (3)(c) or (d); and
(c) any other relevant circumstances relating to the trust; and
(d) any other matters the Commissioner considers relevant.
(6) A determination made under subsection (5) must be made in writing.
(7) The Commissioner must give the trustee of the trust a copy of the determination.
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