Document ID: chunk:federal_register_of_legislation:C2025C00014:section:97:p2
Version: federal_register_of_legislation:C2025C00014
Segment Type: section
Provision Reference: s 97 (pt 2/2)
Character Range: 642628–643816

year of income; or
 (b) to which a beneficiary is presently entitled where the beneficiary:
 (i) is a non‑resident at the end of the year of income;
 (ii) is not a beneficiary to whom subsection (3) of this section or subsection 97A(1) or (1A) applies in relation to the year of income; and
 (iii) is not, in respect of that income, a beneficiary in the capacity of a trustee of another trust estate.
 (3) Where:
 (a) a beneficiary of a trust estate is presently entitled to a share of the income of the trust estate;
 (b) the beneficiary is a non‑resident at the end of the year of income; and
 (c) the beneficiary is:
 (i) a body, association, fund or organization the income of which is exempt from tax by virtue of the operation of Subdivision 50‑A or section 51‑5, 51‑10 or 51‑30 of the Income Tax Assessment Act 1997; or
 (ii) an organization the income of which is exempt from tax by virtue of a regulation in force under the  International Organisations (Privileges and Immunities) Act 1963;
that beneficiary is, for the purposes of the application of this Division in relation to that beneficiary in relation to that year of income, a beneficiary to whom this subsection applies.