INCOME TAX ASSESSMENT ACT 1997

CHAPTER 3 - SPECIALIST LIABILITY RULES  

PART 3-1 - CAPITAL GAINS AND LOSSES: GENERAL TOPICS  

Division 115 - Discount capital gains and trusts ' net capital gains  

Subdivision 115-C - Rules about trusts with net capital gains  

Operative provisions

SECTION 115-225   Attributable gain  

115-225(1)  
The amount is the product of:


(a) the amount of the *capital gain remaining after applying steps 1 to 4 of the method statement in subsection 102-5(1) ; and


(b) your *share of the capital gain (see section 115-227 ), divided by the amount of the capital gain.

115-225(2)  
Subsection (3) applies if the net income of the trust estate (disregarding the amount of any *franking credits) for the relevant income year falls short of the sum of:


(a) the *net capital gain (if any) of the trust estate for the income year; and


(b) the total of all *franked distributions (if any) included in the assessable income of the trust estate for the income year (to the extent that an amount of the franked distributions remained after reducing them by deductions that were directly relevant to them).

115-225(3)  
For the purposes of subsection (1), replace paragraph (a) of that subsection with the following paragraph:


(a) the product of:


(i) the amount of the *capital gain remaining after applying steps 1 to 4 of the method statement in subsection 102-5(1) ; and

(ii) the *net income of the trust estate for that income year (disregarding the amount of any *franking credits), divided by the sum mentioned in subsection (2); and

 

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