INCOME TAX ASSESSMENT ACT 1936 (ARCHIVE)
A trust passes the pattern of distributions test for the test year (see subsection (2)) in relation to an individual if:
(a) during the test year, the trust made a distribution of income, a distribution of capital or both; and
(b) if the trust made at least one such distribution of income - the trust distributed to the individual, for the individual's benefit, at least a 50% share of all distributions of income made by the trust during the test year; and
(c) if the trust made at least one such distribution of capital - the trust distributed to the individual, for the individual's benefit, at least a 50% share of all distributions of capital made by the trust during the test year. 160ZZPZQ(2) Test year.
For the purposes of subsection (1), the test year is:
(a) if the test time concerned (see subsection 160ZZPZP(4) ) is in the same year of income as the disposal concerned - the year of income immediately before that year of income; or
(b) in any other case - the year of income in which the test time occurs.
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