Document ID: chunk:federal_register_of_legislation:C2004A00975:clause:1_9:p6
Version: federal_register_of_legislation:C2004A00975
Segment Type: clause
Provision Reference: sch 1 cl 9 (pt 6/9)
Character Range: 78586–81109

of that Act; and
 (c) the whole or a part of that share of the net income or partnership loss of the partnership is attributable to:
 (i) an amount included in the assessable income of the partnership because the distribution is made to the partnership; or
 (ii) an amount included in the assessable income of the partnership because of the distribution and in circumstances where the distribution flows indirectly to the partnership because of one or more previous applications of this section.

Beneficiaries of trusts

 (3) The distribution flows indirectly to the entity in the income year if:
 (a) the entity is a beneficiary of a trust; and
 (b) a share of the *net income of the trust is included in the entity's assessable income for the income year under section 97, 98A or 100 of the Income Tax Assessment Act 1936; and
 (c) the whole or a part of that share of the net income of the trust is attributable to:
 (i) an amount included in the assessable income of the trust because the distribution is made to the trustee of the trust; or
 (ii) an amount included in the assessable income of the trust because of the distribution and in circumstances where the distribution flows indirectly to the trustee of the trust because of one or more previous applications of this section; or
 (iii) an amount allowed as a deduction from the assessable income of the trust because of the distribution and in circumstances where the distribution flows indirectly to the trustee of the trust because of one or more previous applications of this section.

Trustees liable to be assessed under section 98, 99 or 99A of the Income Tax Assessment Act 1936

 (4) The distribution flows indirectly to the entity in an income year if:
 (a) the entity is a trustee of a trust; and
 (b) the entity is:
 (i) liable to be assessed under section 98 of the Income Tax Assessment Act 1936 in respect of a share of the *net income of the trust for the income year; or
 (ii) liable to be assessed under section 99 or 99A of the Income Tax Assessment Act 1936 in respect of the net income, or a part of the net income, of the trust for the income year; and
 (c) the whole or a part of the amount on which the entity is liable to be assessed under that section is attributable to:
 (i) an amount included in the assessable income of the trust because the distribution is made to the trustee of the trust; or
 (ii) an amount included in the assessable income of the trust because of the distribution and in circumstances where the distribution