Private ruling: Native title benefits
Date of advice: 15 June 2017
Published: November 2017

Ruling: Q1: Are the amounts paid under the Agreement to Trust X a native title benefit under section 59-50 of the Income Tax Assessment Act 1997 (ITAA 1997)? | A1: Yes. | Q2: Is any part of the payment to Trust X under the Agreement unable to qualify as a native title benefit because of subsection 59-50(3) of the ITAA 1997? | A2: No. | Q3: Are the amounts paid to Trust X under the Agreement a mining payment under section 59-15 of the ITAA 1997? | A3: No. | Q4: Does the amounts paid to Trust X under the Agreement form part of the trust estate or the income of Trust X? | A4: The amounts paid to Trust X under the Agreement form part of its trust estate. | Q5: Where the trustee of Trust X distributes an amount of trust estate to a beneficiary who is an Indigenous person, an Indigenous holding entity or a distributing body, will the amount be non-assessable non-exempt income of the beneficiary? | A5: Yes. | Q6: Where the amount paid to Trust X under the Agreement is invested, will any income generated be non-assessable non-exempt? | A6: No.




Subject: Native title benefits: In order to protect this privacy and commercial in-confidence components of this private binding ruling the following summary is provided. | The ruling concerned the following and the Commissioner has ruled on each of the specific questions.