Charge of tax where beneficiary share is unknown: income taxed at maximum marginal rate unless association of persons conditions apply. Income not specifically receivable for any one person, or where individual beneficiary shares are indeterminate or unknown, is chargeable at the maximum marginal rate. Such income is instead taxed at the rate applicable to an association of persons where statutory conditions are met, including absence of other taxable income for beneficiaries, single testamentary trusts, pre 1970 bona fide family trusts, or bona fide employee welfare funds. Identification rules treat income as not specifically receivable or shares as indeterminate unless expressly stated and ascertainable in the court order, trust instrument, or wakf deed.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Charge of tax where beneficiary share is unknown: income taxed at maximum marginal rate unless association of persons conditions apply.
Income not specifically receivable for any one person, or where individual beneficiary shares are indeterminate or unknown, is chargeable at the maximum marginal rate. Such income is instead taxed at the rate applicable to an association of persons where statutory conditions are met, including absence of other taxable income for beneficiaries, single testamentary trusts, pre 1970 bona fide family trusts, or bona fide employee welfare funds. Identification rules treat income as not specifically receivable or shares as indeterminate unless expressly stated and ascertainable in the court order, trust instrument, or wakf deed.
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