Taxation Determination

TD 97/15W

Income tax: capital gains: does section 160ZM of the Income Tax Assessment Act 1936 apply to a non-assessable payment made by a trustee to a beneficiary of a discretionary trust?

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FOI status:

may be released

Notice of Withdrawal

Taxation Determination TD 97/15 is withdrawn with effect from the 1998-99 income year.

1. Taxation Determination TD 97/15 discusses the capital gains tax consequences of the payment of a non-assessable amount to a mere object of a discretionary trust. The determination is written in terms of the provisions of the Income Tax Assessment Act 1936 though an Addendum to the determination ensures it also applies to the equivalent provision in the Income Tax Assessment Act 1997.

2. Taxation Determination TD 2003/28, that issues today, deals comprehensively with the treatment of all discretionary trust beneficiaries (that is, both mere objects and default beneficiaries). That TD finalises Draft Taxation Determination TD 99/D67. The view expressed in TD 2003/28 in respect of mere objects is the same as that in Taxation Determination TD 97/15 as amended.

Commissioner of Taxation
26 November 2003


ATO references:
NO 2003/11684

ISSN: 1038-8982

Related Rulings/Determinations:

TD 2003/28
TD 1999/D67

Subject References:
CGT asset
default beneficiary
discretionary beneficiary
discretionary trust
taker in default
unit trust

Legislative References:
ITAA 1997 104-70
ITAA 1997 104-70(1)
ITAA 1997 104-70(4)
ITAA 1997 104-70(6)

Other References:
CGT Cell (CGDET113)
NAT 95/9530-9

TD 97/15W history
  Date: Version: Change:
  25 June 1997 Original ruling  
  10 March 1999 Consolidated ruling Addendum
You are here 26 November 2003 Withdrawn