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Taxation rulings

TR 2018/6

Income tax: trust vesting – consequences of a trust vesting

 

This Ruling explains the Commissioner’s views about the immediate income tax consequences of a trust vesting and discusses certain issues that can arise when the vesting date of a trust is mistakenly thought to have been extended.

TR 2015/4

CGT small business concessions: unpaid present entitlements and the maximum net asset value test

 

This Ruling sets out the Commissioner’s views on how an unpaid present entitlement (UPE) of a beneficiary connected with a trust is treated for the purposes of working out whether the trust satisfies the maximum net asset value test in section 152-15 of the Income Tax Assessment Act 1997

TR 2012/D1

Meaning of income of a trust estate

 

This ruling is about the meaning of the expression ‘income of the trust estate’ as used in Division 6 of Part III of the Income Tax Assessment Act 1936 and related provisions.

 

TR 2006/14

Capital gains tax: consequences of creating life and remainder interests in property

 

This Ruling is about the capital gains tax (CGT) consequences of creating life and remainder interests in property (whether between living persons – inter vivos – or by testamentary provision) and of any subsequent dealings in those interests.

TR 2004/D25

 

This ruling explains the circumstances in which a beneficiary of a trust is considered to be absolutely entitled to a CGT asset of the trust as against its trustee.

TR 2001/3

Penalty tax and trusts

The Ruling:

(a)

discusses who may be liable to penalty tax when there is an incorrect statement about the net income of a trust estate; and

(b)

provides guidelines on how the Commissioner’s discretion to remit penalty tax may be exercised where both the trustee and a beneficiary of the same trust may be liable in respect of the same matter.

 

TR 97/11

This Ruling considers the meaning of ‘business’ of ‘primary production’ in the Income Tax Assessment Act 1997. It provides a guide to the indicators that are relevant to whether or not a person is carrying on a business of primary production. It also indicates the extent to which the Australian Taxation Office is able to provide further guidance to taxpayers on this question with private rulings.

 

TR 93/10

Resident beneficiary of a non-resident trust : credit for Australian withholding tax

 

This Ruling considers whether a resident beneficiary of a non-resident trust estate is allowed a credit for Australian withholding tax under section 18-30 in Schedule 1 to the Tax Administration Act 1953 (TAA) where:

  • the resident beneficiary receives a distribution of income that includes a dividend, interest or royalty from an Australian source; and
  • Australian withholding tax had been deducted from the dividend, interest or royalty when it was paid to the non-resident trust estate.

 

IT 2680

 

Withholding tax liability of non-resident beneficiaries of Australian trusts

 

This Ruling considers:

  • whether a trustee, or any other person liable to pay money to a non-resident, is obliged to deduct withholding tax when trust income, which includes a dividend or interest, is derived by a non-resident beneficiary of an Australian trust estate and the beneficiary is thereby liable to pay the withholding tax; and
  •  whether subsection 128A(3) applies to deem a non- resident beneficiary to have derived dividend or interest income even if the trust estate had no net income, or had incurred a loss, for income tax purposes, in the year of income concerned.

 

IT 2622

 

This ruling is about determining present entitlement to income through the stages of administration of a deceased estate.