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INCOME TAX ASSESSMENT ACT 1936 - SECT 102AAL

Division not to apply to transfers by trustees of deceased estates

    A reference in this Division   to a transfer of property or services to a trust estate does not include a reference to a transfer made by the trustee of the estate of a deceased person under:

  (a)   the terms of the deceased person's will or codicil; or

  (b)   an order of a court that varied or modified the provisions of the deceased person's will or codicil;

unless:

  (c)   the transfer was made in or as the result of the exercise (by the trustee or any other person) of a power of appointment or any other discretion; or

  (d)   under subsection   102AAK(1), the property or services are taken to have been transferred by an entity other than the trustee, instead of by the trustee; or

  (e)   under subsection   102AAK(5), the Commissioner treats the property or services as having been (to any extent) transferred by an entity other than the trustee, instead of by the trustee.


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