Document ID: chunk:federal_register_of_legislation:C2025C00014:section:160aab:p2
Version: federal_register_of_legislation:C2025C00014
Segment Type: section
Provision Reference: s 160AAB (pt 2/3)
Character Range: 1493955–1496428

equal to the statutory percentage of the rebatable amount.
 (4) Where:
 (a) a taxpayer being the trustee of a trust estate is liable to be assessed and to pay tax in pursuance of section 98 in respect of a share of the net income of the trust estate of a year of income; and
 (b) the whole or part of that share (which whole or part is in this subsection referred to as the rebatable amount) is attributable to an eligible 26AH amount included in the assessable income of the year of income of the trust estate or of another trust estate;
the taxpayer is entitled in that assessment to a rebate of tax equal to the statutory percentage of the rebatable amount.
 (5) Where:
 (a) a taxpayer being the trustee of a trust estate is liable to be assessed and to pay tax in pursuance of section 99 or 99A in respect of the whole or a part (which whole or part is in this subsection referred to as the relevant trust income) of the net income of the trust estate of a year of income; and
 (b) the whole or a part of the relevant trust income (which whole or part is in this subsection referred to as the rebatable amount) is attributable to an eligible 26AH amount included in the assessable income of the year of income of the trust estate or of another trust estate;
the taxpayer is entitled in that assessment to a rebate of tax equal to the statutory percentage of the rebatable amount.
 (5A) A taxpayer being the trustee of a complying superannuation fund, a non‑complying superannuation fund, a complying approved deposit fund, a non‑complying approved deposit fund or a pooled superannuation trust is entitled in the taxpayer's assessment in respect of income of a year of income to a rebate of tax equal to the statutory percentage of any eligible section 26AH amount included in the taxpayer's assessable income of the year of income.
 (6) Where an eligible 26AH amount is included in the assessable income of a partnership of a year of income in the calculation of the net income or partnership loss of the partnership of the year of income, a partner in the partnership is entitled in his or her assessment in respect of income of the year of income to a rebate of tax equal to the statutory percentage of the amount by which the taxable income of the partner of the year of income exceeds the amount that could reasonably be expected to be that taxable income if the eligible 26AH amount had not been included in the assessable income of the partnership of the year of