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Edited version of private advice
Authorisation Number: 1051605516573
Date of advice: 6 November 2019
Ruling
Subject: Section 99A - Commissioners discretion
Question
Will the Commissioner exercise the discretion under subsection 99A(2) of the Income Tax Assessment Act 1936 (ITAA 1936) to apply progressive concessional rates of tax as per section 99 of the ITAA 1936?
Answer
Yes.
After consideration of the relevant factors, the Commissioner is of the opinion that it would be unreasonable that section 99A of the ITAA 1936 should apply in relation to that trust estate in relation to the relevant year of income. Accordingly section 99 of the ITAA 1936 will apply.
This ruling applies for the following periods:
Year ended 30 June 20XX
The scheme commences on:
1 July 20XX
Relevant facts and circumstances
The Trust is a Testamentary trust established as a result of the direction under the will.
The Trust is a discretionary trust.
All assets of the Trust are those that devolved to the trustees under the will or that have been acquired from trust income or reinvestment of the deceased's assets.
Assets are currently held by the Trust.
Loans have been provided by the Trust under a commercial agreement to a third entity.
The funding of the loan was derived from the capital of the Trust.
No beneficiary is presently entitled.
Relevant legislative provisions
Income Tax Assessment Act 1936 section 99
Income Tax Assessment Act 1936 section 99A