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Edited version of private advice
Authorisation Number: 1051988371774
Date of advice: 27 May 2022
Ruling
Subject: Income of an excepted person
Question
Are the distributions made to a minor while they are under the age of 18, considered to be made to an excepted person for the purposes of paragraph 102AC(2)(d) of the Income Tax Assessment Act 1936 (ITAA 1936)?
Answer
Yes.
You have supplied medical certification from a qualified medical practitioner certifying that the minor is suffering a disability and has ongoing symptoms from their condition. The Commissioner is satisfied that they are an excepted person under paragraph 102AC(2)(d) of the ITAA 1936.
This ruling applies for the following periods:
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
The scheme commences on:
1 July 2021
Relevant facts and circumstances
A trust wishes to make trust distributions to a disabled minor who is a beneficiary of the trust.
The beneficiary has a number of serious and life shortening disabilities.
The beneficiary's date of birth is DD/MM/YYYY.
You have provided medical certification from a legally qualified medical practitioner certifying that the person has a disability and is likely to need care and attention either permanently or for an extended period and that they meet the meaning of 'disabled child' and 'disabled adult' under the Social Security Act 1991.
Relevant legislative provisions
Income Tax Assessment Act 1936 paragraph 102AC(2)(d)