Document ID: chunk:federal_register_of_legislation:C2025C00014:schedule:2f:p35
Version: federal_register_of_legislation:C2025C00014
Segment Type: schedule
Provision Reference: sch 2F (pt 35/79)
Character Range: 2291748–2294453

Test year distribution of capital
 (3) Subsection (1) applies in the same way to distributions of capital made by the trust, to determine what is a test year distribution of capital.

269‑70  When individual receives different percentages
  For the purposes of section 269‑60, if the trust does not distribute to an individual the same percentage of income or capital for every test year distribution, the trust is taken to have distributed to the individual, for every test year distribution, the smallest percentage that it distributed to the individual for any of the test year distributions.

269‑75  Incomplete distributions
  For the purposes of section 269‑60, if, before the end of 2 months after the end of the income year:
 (a) the trust has distributed directly or indirectly the whole or part of a test year distribution of income or test year distribution of capital to a company, partnership or trust (the entity); and
 (b) an amount (the undistributed amount) consisting of the whole or part of the income or capital so distributed to the entity satisfies the following requirements:
 (i) the amount has not been distributed by the entity; and
 (ii) an individual, directly or indirectly, and for his or her own benefit, has a fixed entitlement to a share of the amount;
the entity is taken to have distributed the share of the undistributed amount to the individual immediately before the end of 2 months after the end of the income year.

269‑80  Where individual's death or breakdown of marriage or relationship
 (1) For the purposes of section 269‑60, if:
 (a) the trust distributes, directly or indirectly to an individual as mentioned in that section, income or capital that is included in a test year distribution; and
 (b) a later distribution of income or capital is made that is included in the same or a different test year distribution; and
 (c) either the individual dies before the later distribution is made or:
 (i) before it is made, there is a breakdown in the marriage or relationship (see section 272‑140) of the individual; and
 (ii) after the breakdown, no distribution of income or capital of the trust, that is included in a test year distribution, is made directly or indirectly to the individual; and
 (iii) it is reasonable to assume that the breakdown in the marriage or relationship is the reason for no such distribution being made;
then subsections (2) and (3) apply.
 (2) No income or capital distributed to the individual by the trust, directly or indirectly as mentioned in section 269‑60, is to be included in any test year distribution.
 (3) If:
 (a) the requirements of subsection (1) are met because the individual has died; and
 (b) immediately before