{"id":"C2004A04055","name":"Taxation (Interest on Non-resident Trust Distributions) Act 1990","slug":"taxation-interest-on-non-resident-trust-distributions-act-1990","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"124 of 1990","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":436173,"registerId":"C2004A04055-fast-fetch-1775953430599","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Taxation (Interest on Non-resident Trust Distributions) Act 1990","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![](image.001.png)\n\n \n\n \n\n \n\n \n\n \n\n \n\nTaxation (Interest on Non-resident Trust Distributions) Act 1990\n\n \n\nNo. 124 of 1990\n\n \n\n \n\n \n\n \n\n \n\nAn Act to impose an interest charge in respect of distributions from certain trust estates\n\n \n\n \n\n \n\nContents\n\n[1 Short title](#_Toc427317681)\n\n[2 Commencement](#_Toc427317682)\n\n[3 Imposition of interest charge](#_Toc427317683)\n\n \n\n![](image.001.png)\n\n \n\n \n\nTaxation (Interest on Non-resident Trust Distributions) Act 1990\n\nNo. 124 of 1990\n\n \n\n \n\n \n\nAn Act to impose an interest charge in respect of distributions from certain trust estates\n\n[Assented to 28 December 1990]\n\nThe Parliament of Australia enacts:\n\n##### 1  Short title\n\n  This Act may be cited as the Taxation (Interest on Non-resident Trust Distributions) Act 1990.\n\n##### 2  Commencement\n\n  This Act commences on the day on which it receives the Royal Assent.\n\n##### 3  Imposition of interest charge\n\n  Interest that is payable in accordance with section 102AAM of the Income Tax Assessment Act 1936 is imposed by this Act.\n\n \n\n \n\n \n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act, as enacted, simply imposes the interest charge payable under section 102AAM of the Income Tax Assessment Act 1936 (s3) and commences on Royal Assent (s2). The text contains no amendments or extensions beyond imposing that interest and provides no internal indication that it changes the scope of the referenced provision."},"complexity_factors":["Very short and narrowly framed (only three sections) limiting in-text detail (ss1–3).","Primary operative content is a cross‑reference to an external provision (Income Tax Assessment Act 1936, s102AAM) (s3), so interpretation depends on that other statute.","No in‑Act definitions of scope, rates, calculation method or payer—those are all supplied by the referenced provision (s3).","Immediate commencement on Royal Assent (s2) creates a fixed operational start date but no transitional rules.","No administrative, enforcement or compliance procedures, leaving practical implementation to existing tax administration instruments and the referenced section (s3)."],"plain_english_summary":"This Act imposes an interest charge in respect of distributions from certain trust estates by making payable the interest described in section 102AAM of the Income Tax Assessment Act 1936 (s3). It takes effect on the day of Royal Assent (s2). Mechanically, persons or entities required to pay interest under s102AAM will owe that interest as imposed by this Act; the Act itself does not define rates or scope but refers to s102AAM for calculation and coverage."},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This legislation has remained tightly focused on its original purpose since enactment. It was always intended as a brief 'imposition Act' - a technical legislative device that formally creates the legal authority to charge interest, while leaving all the substantive rules (who pays, how much, when, calculations) to the Income Tax Assessment Act 1936. There is no evidence of scope creep; the Act does exactly what its title and preamble suggest."},"complexity_factors":["Extremely short: only 3 sections spanning less than one page","No defined terms section - relies entirely on external definitions from the Income Tax Assessment Act 1936","Single operative provision (section 3) that simply cross-references one section of another Act","No conditional logic, exceptions, or nested provisions","No substantive rules - purely a machinery/imposition provision that delegates all substantive content to the 1936 Act"],"plain_english_summary":"**What this law does:**\n\nThis short Act creates a special **interest charge** (basically, a late payment fee) that applies to certain money received from trusts based overseas.\n\n**Who it affects:**\n\n- **Australian taxpayers** who receive distributions (payments) from **non-resident trusts** (trusts based outside Australia)\n- Specifically, this applies when those distributions are taxed under section 102AAM of the main tax law (the Income Tax Assessment Act 1936)\n\n**Why it matters:**\n\nWhen Australians get money from overseas trusts, the tax office wants to make sure they don't delay paying tax on that income. This Act gives the government power to charge **interest** on those distributions if the tax isn't paid promptly. It's designed to:\n- Prevent people from using foreign trusts to defer (delay) Australian tax\n- Ensure the tax office collects revenue in a timely manner\n- Match the timing of tax payments with when the income was actually received\n\n**In simple terms:** If you get money from a trust overseas and don't pay tax on it straight away, this law allows the government to charge you interest on the unpaid amount."}},"importantCases":[],"_links":{"self":"/api/acts/taxation-interest-on-non-resident-trust-distributions-act-1990","history":"/api/acts/taxation-interest-on-non-resident-trust-distributions-act-1990/history","analysis":"/api/acts/taxation-interest-on-non-resident-trust-distributions-act-1990/analysis","conflicts":"/api/acts/taxation-interest-on-non-resident-trust-distributions-act-1990/conflicts","importantCases":"/api/acts/taxation-interest-on-non-resident-trust-distributions-act-1990/important-cases","documents":"/api/acts/taxation-interest-on-non-resident-trust-distributions-act-1990/documents"}}