Income Tax Assessment Act 1936

PART III - LIABILITY TO TAXATION  

Division 6AAA - Special provisions relating to non-resident trust estates etc.  

Subdivision A - Preliminary  

SECTION 102AAL  

102AAL   DIVISION NOT TO APPLY TO TRANSFERS BY TRUSTEES OF DECEASED ESTATES  

A reference in this Division to a transfer of property or services to a trust estate does not include a reference to a transfer made by the trustee of the estate of a deceased person under:

(a) the terms of the deceased person's will or codicil; or

(b) an order of a court that varied or modified the provisions of the deceased person's will or codicil;

unless:

(c) the transfer was made in or as the result of the exercise (by the trustee or any other person) of a power of appointment or any other discretion; or

(d) under subsection 102AAK(1) , the property or services are taken to have been transferred by an entity other than the trustee, instead of by the trustee; or

(e) under subsection 102AAK(5) , the Commissioner treats the property or services as having been (to any extent) transferred by an entity other than the trustee, instead of by the trustee.