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Edited version of private advice
Authorisation Number: 1052099023559
Date of advice: 22 March 2023
Ruling
Subject: Excepted person
Question
Is the minor beneficiary who has been diagnosed with a permanent disability an "excepted person" for the purpose of section 102AC of the Income Tax Assessment Act 1936 (ITAA 1936)?
Answer
Yes. You have supplied a medical certificate from a qualified medical practitioner certifying that the minor beneficiary, a child under 16 years, is suffering a permanent disability within the meaning of Part 2.19 of the Social Security Act 1991. Accordingly, the Commissioner is satisfied that the minor beneficiary is an excepted person under section 102AC of the ITAA 1936.
This ruling applies for the following period:
Income year ended 30 June 20YY
The scheme commenced on:
XX July 20YY
Relevant facts and circumstances
The trust is a discretionary trust.
Person A was born on XX March 20YY and is a beneficiary of the trust.
Person A suffers from a permanent disability.
The trustees of the trust have made a distribution to Person A.
A paediatrician has supplied a letter dated XX February 20YY which states Person A qualifies as a disabled child within the meaning of Part 2.19 of the Social Security Act 1991.
Relevant legislative provisions
Income Tax Assessment Act 1936 - Section 102AC