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  • Advice under development – trust specific issues

    We are developing advice and guidance on the following trust-specific issue:

    [4036] Beneficiary's share of the net income of a trust estate – present entitlement


    Draft update to TD 2012/22 Income tax: for the purposes of paragraph 97(1)(a) of the Income Tax Assessment Act 1936 (ITAA 1936) is a beneficiary’s share of the net income of a trust estate worked out by reference to the proportion of the income of the trust estate to which the beneficiary is presently entitled?


    This draft update will amend TD 2012/22 to take account of the decision in Lewski v Commissioner of Taxation [2017] FCAFC 145.

    Expected completion

    Mid 2023


    Tania Pfeiffer, Private Wealth

    Phone: (08) 7422 2129

    For more information, see the Decision impact statement on Lewski v Commissioner of Taxation [2017] FCAFC 145.

    Last modified: 13 Feb 2023QC 57882