Document ID: chunk:federal_register_of_legislation:C2025C00014:section:99a:p1
Version: federal_register_of_legislation:C2025C00014
Segment Type: section
Provision Reference: s 99A (pt 1/3)
Character Range: 658171–660758

99A  Certain trust income to be taxed at special rate
 (2) This section does not apply in relation to a trust estate in relation to a year of income, being a trust estate:
 (a) that resulted from:
 (i) a will, a codicil or an order of a court that varied or modified the provisions of a will or a codicil; or
 (ii) an intestacy or an order of a court that varied or modified the application, in relation to the estate of a deceased person, of the provisions of the law relating to the distribution of the estates of persons who die intestate;
 (b) that consists of the property of a person who has become bankrupt, being property that has vested in The Official Receiver in Bankruptcy, or in a registered trustee, under the Bankruptcy Act 1966;
 (c) that is administered under Part XI of the Bankruptcy Act 1966; or
 (d) that consists of property of a kind referred to in paragraph 102AG(2)(c);
if the Commissioner is of the opinion that it would be unreasonable that this section should apply in relation to that trust estate in relation to that year of income.
 (3) In forming an opinion for the purposes of subsection (2):
 (a) the Commissioner shall have regard to the circumstances in which and the conditions, if any, upon which, at any time, property (including money) was acquired by or lent to the trust estate, income was derived by the trust estate, benefits were conferred on the trust estate or special rights or privileges were conferred on or attached to property of the trust estate, whether or not the rights or privileges have been exercised;
 (b) if a person who has, at any time, directly or indirectly:
 (i) transferred or lent any property (including money) to, or conferred any benefits on, the trust estate; or
 (ii) conferred or attached any special right or privilege, or done any act or thing, either alone or together with another person or persons, that has resulted in the conferring or attaching of any special right or privilege, on or to property of the trust estate whether or not the right or privilege has been exercised;
  has not, at any time, directly or indirectly:
 (iii) transferred or lent any property (including money) to, or conferred any benefits on, another trust estate; or
 (iv) conferred or attached any special right or privilege, or done any act or thing, either alone or together with another person or persons, that has resulted in the conferring or attaching of any special right or privilege, on or to property of another trust estate, whether or not the right or privilege has been exercised;
  the Commissioner shall have regard