Commonwealth Consolidated Acts

INCOME TAX ASSESSMENT ACT 1936 - SECT 97A

             (1)  Where a beneficiary who is under a legal disability:

                     (a)  is presently entitled to a share of the income of a trust estate derived during a year of income of the beneficiary; and

                     (b)  is the owner of a farm management deposit made during the year of income;

this Division applies in relation to the beneficiary in relation to the year of income as if the beneficiary were not under any legal disability.

          (1A)  Where a beneficiary who is deemed by subsection 95A(2) to be presently entitled to any income of a trust estate derived during a year of income of the beneficiary:

                     (a)  is not under a legal disability; and

                     (b)  is the owner of a farm management deposit made during the year of income;

the beneficiary is, for the purposes of the application of this Division in relation to that beneficiary in relation to that year of income, a beneficiary to whom this subsection applies.

Note:          This section applies to certain beneficiaries as if they were individuals who are carrying on a primary production business: see subsections 393- 25(3), (4), (5) and (6) of the Income Tax Assessment Act 1997 .