Document ID: chunk:federal_register_of_legislation:C2025C00014:section:98:p1
Version: federal_register_of_legislation:C2025C00014
Segment Type: section
Provision Reference: s 98 (pt 1/2)
Character Range: 644983–647324

98  Liability of trustee
 (1) Where a beneficiary of a trust estate who is under a legal disability is presently entitled to a share of the income of the trust estate, the trustee of the trust estate shall be assessed and liable to pay tax in respect of:
 (a) so much of that share of the net income of the trust estate as is attributable to a period when the beneficiary was a resident; and
 (b) so much of that share of 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;
as if it were the income of an individual and were not subject to any deduction.
 (2) Where a beneficiary of a trust estate:
 (a) is deemed to be presently entitled to a share of the income of the trust estate of a year of income by virtue of the operation of subsection 95A(2);
 (aa) is a natural person and is not, in respect of that share of the income of the trust estate, a beneficiary in the capacity of a trustee of another trust estate;
 (b) is not a beneficiary to whom subsection 97A(1) or (1A) applies in relation to the year of income; and
 (c) is not under a legal disability;
the trustee of the trust estate shall be assessed and liable to pay tax in respect of:
 (d) so much of that share of the net income of the trust estate as is attributable to a period when the beneficiary was a resident; and
 (e) so much of that share of 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;
as if it were the income of an individual and were not subject to any deduction.
 (2A) If:
 (a) a beneficiary of a trust estate who is presently entitled to a share of the income of the trust estate:
 (i) is a non‑resident at the end of the year of income; and
 (ii) is not, in respect of that share of the income of the trust estate, a beneficiary in the capacity of a trustee of another trust estate; and
 (iii) is not a beneficiary to whom section 97A applies in relation to the year of income; and
 (iv) is not a beneficiary to whom subsection 97(3) applies; and
 (b) the trustee of the trust estate is not assessed and is not liable to pay tax under subsection (1) or (2) in respect of any part of that share of the net income of the trust estate;
subsection