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INCOME TAX ASSESSMENT ACT 1997

CHAPTER 3 - SPECIALIST LIABILITY RULES  

PART 3-1 - CAPITAL GAINS AND LOSSES: GENERAL TOPICS  

Division 115 - Discount capital gains and trusts ' net capital gains    View history reference

Subdivision 115-C - Rules about trusts with net capital gains    View history reference

Operative provisions

SECTION 115-220  Assessing trustees under section 98 of the Income Tax Assessment Act 1936  

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115-220(1)  

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This section applies if:


(a) you are the trustee of the trust estate; and


(b) on the assumption that there is a share of the income of the trust to which a beneficiary of the trust is presently entitled, you would be liable to be assessed (and pay tax) under section 98 of the Income Tax Assessment Act 1936 in relation to the trust estate in respect of the beneficiary.

115-220(2)  

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For each *capital gain of the trust estate, increase the amount (the assessable amount ) in respect of which you are actually liable to be assessed (and pay tax) under section 98 of the Income Tax Assessment Act 1936 in relation to the trust estate in respect of the beneficiary by:


(a) unless paragraph (b) applies - the amount mentioned in subsection 115-225(1) in relation to the beneficiary; or


(b) if the liability is under paragraph 98(3)(b) or subsection 98(4) , and the capital gain was reduced under step 3 of the method statement in subsection 102-5(1) (discount capital gains) - twice the amount mentioned in subsection 115-225(1) in relation to the beneficiary.

115-220(3)  

To avoid doubt, increase the assessable amount under subsection (2) even if the assessable amount is nil.


 



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