If a payment is only partly attributable to an unrealised gain, then only the part attributable to the unrealised gain is subject to the new rules.
The same facts as example 2 except that, in addition to the $30,000 of unrealised capital profits, the trustee also declares present entitlement to realised capital profits of $50,000. A cheque is then drawn for $80,000 and delivered to Mary, instead of the $30,000 cheque. In this case, the payment of $80,000 is only partly attributable to an unrealised gain, and the amount subject to Division 7A is $30,000. Hence the amount that Mary may be taken to receive as an unfranked dividend is $30,000, subject to the distributable surplus of Marbles Pty Ltd.