Exceptions to exclusion of trust capital gains from beneficiary’s instalment income
45-290 Exceptions to exclusion of trust capital gains from beneficiary’s instalment income
This section sets out cases where paragraph (b) of the definition of your assessable income from the trust for the last income year in subsection 45‑280(2) does not apply.
It does not apply in the case of:
a *complying approved deposit fund or a *non‑complying approved deposit fund for the income year that is or includes the current period; or
a *complying superannuation fund or a *non‑complying superannuation fund for that year; or
a *pooled superannuation trust for that year.
It does not apply in the case of a *life insurance company to the extent that the share of the trust’s net income is included in the *complying superannuation class of its taxable income for the income year that is or includes the current period.
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