Document ID: chunk:federal_register_of_legislation:C2025C00014:schedule:2f:p42
Version: federal_register_of_legislation:C2025C00014
Segment Type: schedule
Provision Reference: sch 2F (pt 42/79)
Character Range: 2308676–2311404

the individual's family; or
 (da) a trust with the same individual specified in its family trust election; or
 (e) a company, partnership or trust that made an interposed entity election to be included in the individual's family group, where the election was in force (including before it was made) when the scheme mentioned in paragraph 270‑10(1)(b) commenced; or
 (f) a fixed trust, company or partnership (an entity) where, at all times while the scheme mentioned in paragraph 270‑10(1)(b) was being carried out:
 (i) the individual specified in the trust's family trust election; or
 (ii) one or more members of the individual's family; or
 (iii) the trustees of one or more family trusts, provided the individual is specified in the family trust election of each of those family trusts;
  or any combination of the above, had fixed entitlements, directly or indirectly, and for their own benefit, to all of the income and capital of the entity.

Outsider to non‑family trust
 (2) If the trust mentioned in paragraph 270‑10(1)(a) is not a family trust, an outsider to the trust is a person other than:
 (a) the trustee of the trust; or
 (b) a person with a fixed entitlement to a share of the income or capital of the trust.

Division 271—Family trust distribution tax

271‑5  What this Division is about

      Basically, if:
         • the trustee of a trust makes a family trust election; or
         • a company, the partners in a partnership or the trustee of a trust makes an election to be included in a family group in relation to a family trust;
      and the company, partnership or trust concerned confers a present entitlement to, or distributes, income or capital other than upon or to a specified individual or members of his or her family group, a special tax is payable on the conferral or distribution.
      If certain persons do not provide information about conferrals of present entitlements or distributions by non‑residents connected with them, the persons may become liable to the special tax on their own conferrals or distributions.
      If certain non‑residents do not pay the special tax by the due date, other persons connected with them may also become liable to pay a special tax equal to the unpaid amount.

271‑10  Family trust distribution tax
  This Division provides for tax to be payable in specified circumstances. The tax is called family trust distribution tax.

271‑15  Tax liability where family trust makes distribution etc. outside family group
 (1) This section applies if:
 (a) a trustee makes a family trust election in relation to a trust; and
 (b) at any time while the election is in force (including a time before it was made), the trust confers a present entitlement to,