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You cannot rely on this record in your tax affairs. It is not binding and provides you with no protection (including from any underpaid tax, penalty or interest). In addition, this record is not an authority for the purposes of establishing a reasonably arguable position for you to apply to your own circumstances. For more information on the status of edited versions of private advice and reasons we publish them, see PS LA 2008/4.

Edited version of private advice

Authorisation Number: 1051896180676

Date of advice: 10 September 2021

Ruling

Subject: Excepted person

Question

Is the beneficiary an excepted person for the purposes of paragraph 102AC(2)(d) of the Income Tax Assessment Act 1936 (ITAA 1936)?

Answer

Yes. The Commissioner is satisfied that the beneficiary is an excepted person as defined in paragraph 102AC (2)(d) of the ITAA 1936

This ruling applies for the following periods:

Year ended 30 June 2021

Year ending 30 June 2022

Year ending 30 June 2023

Year ending 30 June 2024

Year ending 30 June 2025

Year ending 30 June 2026

Year ending 30 June 2027

Year ending 30 June 2028

Year ending 30 June 2029

Year ending 30 June 2030

Year ending 30 June 2031

The scheme commences on:

1 July 2019

Relevant facts and circumstances

The beneficiary is under 18 years of age. Their date of birth is XX/XX/XXXX.

You have provided a medical certificate from a qualified medical practitioner, certifying that XXXX has a permanent physical disability.

You propose to make distributions to XXXX to account for costs to care for the minor due to their disability.

Relevant legislative provisions

Income Tax Assessment Act 1936 Subsection 102AC(2)

Income Tax Assessment Act 1936 Division 6AA

Social Security Act 1991 Part 2.19