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INCOME TAX ASSESSMENT ACT 1997 - SECT 115.200

What this Division is about

This Subdivision sets out rules for dealing with the net income of a trust that has a net capital gain. The rules treat parts of the net income attributable to the trust's net capital gain as capital gains made by the beneficiary entitled to those parts. This lets the beneficiary reduce those parts by any capital losses and unapplied net capital losses it has.

If the trust's capital gain was reduced by either the general 50% discount in step 3 of the method statement in subsection   102 - 5(1) or by the small business 50% reduction in Subdivision   152 - C (but not both), then the gain is doubled. The beneficiary can then apply its capital losses to the gain before applying the appropriate discount percentage (if any) or the small business 50% reduction.

If the trust's capital gain was reduced by both the general 50% discount and the small business 50% reduction, then the gain is multiplied by 4. The beneficiary can then apply its capital losses to the gain before applying the appropriate discount percentage (if any) and the small business 50% reduction.

Division   6E of Part   III of the Income Tax Assessment Act 1936 will exclude amounts from the beneficiary's assessable income if necessary to prevent it from being taxed twice on the same parts of the trust's net income.

Table of sections

Operative provisions

115 - 210   When this Subdivision applies

115 - 215   Assessing presently entitled beneficiaries

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

115 - 222   Assessing trustees under section   99 or 99A of the Income Tax Assessment Act 1936

115 - 225   Attributable gain

115 - 227   Share of a capital gain

115 - 228   Specifically entitled to an amount of a capital gain

115 - 230   Choice for resident trustee to be specifically entitled to capital gain


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