INCOME TAX ASSESSMENT ACT 1936 (ARCHIVE)

PART III - LIABILITY TO TAXATION  

Division 17 - Rebates  

Subdivision AAD - Heritage conservation rebate  

SECTION 159US   HERITAGE CONSERVATION REBATE - TRUST ESTATES  

159US(1)   [Conditions for rebate]  

This section applies if:


(a) the trustee of a trust estate is issued with a final certificate that specifies an amount of eligible heritage conservation works expenditure; and


(b) the trust estate has net income for the year of income in which the trustee applied for the final certificate; and


(c) the trust estate is not a corporate unit trust (within the meaning of section 102J ), or a public trading trust (within the meaning of section 102R ) in relation to the year of income.

159US(2)   [Beneficiary entitled to rebate]  

If a share of the net income of the trust estate is included, under section 97 , in the assessable income of a beneficiary of the trust estate of the year of income, the beneficiary is entitled to a rebate of tax in the beneficiary's assessment for the year of income equal to:


20%   × Eligible heritage
conservation works
expenditure
×   Beneficiary's share of the net
income of the trust estate of the
                              year of income                              
  Net income of the trust estate
      of the year of income

159US(3)   [Rebate in respect of share of trust income]  

If the trustee is liable to be assessed under section 98 in respect of a share, or shares, of the net income of the trust estate of the year of income, the trustee is entitled, in respect of each such share, to a rebate of tax in the trustee's asse ssment for the year of income equal to:


20%   × Eligible heritage
conservation works
expenditure
×     Share of the net income
      of the trust estate of
                        the year of income                          
  Net income of the trust estate of
      the year of income

159US(4)   [Trustee entitled to rebate]  

If the trustee is liable to be assessed under section 99 or 99A in respect of the net income, or a part of the net income, of the trust estate of the year of income, the trustee is entitled to a rebate of tax in the trustee's assessment for the yea r of income equal to:


20%   × Eligible heritage
conservation works
expenditure
×   Net income, or part of the net
    income, of the trust estate
                      of the year of income                      
Net income of the trust estate of
      the year of income


 

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