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Income Tax Assessment Amendment Act 1983 No. 14 of 1983 - SECT 19
19. After section 98 of the Principal Act the following section is inserted:
Non-resident beneficiaries assessable in respect of certain income
''98A. (1) Where the trustee of a trust estate is assessed and is liable to
pay tax in respect of the whole or a part of a share of the net income of a
trust estate of a year of income in pursuance of sub-section 98 (3) or (4),
the assessable income of the beneficiary who is presently entitled to that
share of the income of the trust estate shall include-
(a) so much of the individual interest of the beneficiary in the net
income of the trust estate as is attributable to a period when the
beneficiary was a resident; and
(b) so much of the individual interest of the beneficiary in the net
income of the trust estate as is attributable to a period when the
beneficiary was not a resident and is also attributable to sources in
Australia.
''(2) Where sub-section (1) applies in relation to a beneficiary in relation
to a year of income-
(a) there shall be deducted from the income tax assessed against the
beneficiary the amount (in this sub-section referred to as the
'relevant amount') of the tax paid by the trustee in respect of the
beneficiary's interest in the net income of the trust estate; and
(b) if the relevant amount is greater than the amount of the income tax
assessed against the beneficiary-the Commissioner shall pay to the
beneficiary an amount equal to the difference between those 2
amounts.''.
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