Document ID: chunk:federal_register_of_legislation:C2025C00014:schedule:2f:p72
Version: federal_register_of_legislation:C2025C00014
Segment Type: schedule
Provision Reference: sch 2F (pt 72/79)
Character Range: 2380594–2383211

takes place or the distribution is made, all of the beneficiaries of the trust, in respect of which the family trust election was made, who were individuals have died.

Estate of deceased family
 (9) If the primary individual and all of the members of his or her family are dead when the conferral takes place or the distribution is made, the estates of the individual and of the members are members of the primary individual's family group in relation to the conferral or distribution.

272‑95  Family
 (1) The family of an individual (the test individual) consists of the test individual and all of the following (if applicable):
 (a) any parent, grandparent, brother or sister of the test individual or the test individual's spouse;
 (b) any nephew, niece or child of the test individual or the test individual's spouse;
 (c) any lineal descendant of a nephew, niece or child referred to in paragraph (b);
 (d) the spouse of the test individual or of anyone who is a member of the test individual's family because of paragraphs (a), (b) and (c).
Note 1: Child, parent and spouse are defined in subsection 6(1).
Note 2: Section 960‑255 may be relevant to determining relationships for the purposes of paragraph (1)(a).
 (2) A person does not cease to be a family member merely because of the death of any other family member.
 (3) In this section, an adopted child, step‑child or ex‑nuptial child of a person is taken to be a lineal descendant of that person for the purposes of determining the lineal descendants of that person or any other person.
Note: A person who is no longer a member of an individual's family under this section may still be a member of the individual's family group under subsection 272‑90(2A).

Subdivision 272‑E—Excepted trust

272‑100  Excepted trust
  A trust is an excepted trust at a particular time if:
 (a) it is a family trust at the particular time; or
 (b) it is a complying superannuation fund, a complying approved deposit fund or a pooled superannuation trust in relation to the income year in which the particular time occurs; or
 (c) it is the trust of a deceased estate, where the particular time occurs during the period from the death of the individual until the end of the year of income in which the 5th anniversary of the death occurs; or
 (d) at the particular time it is a fixed trust that is a unit trust, and exempt entities have fixed entitlements, directly or indirectly, and for their own benefit, to all of the income and capital of the trust; or
 (f) it is a designated infrastructure project entity at the particular time.

Subdivision 272‑F—Widely held unit