28Rates of tax payable by certain trustees to whom section 98 of the Assessment Act applies

#### 28 Rates of tax payable by certain trustees to whom section 98 of the Assessment Act applies The rates of tax payable by a trustee of a trust estate in respect of a share of the net income of the trust estate in respect of which the trustee is liable to be assessed and to pay tax are: (a) if paragraph 98(3)(b) of the Assessment Act (about beneficiaries that are companies) applies: (i) if the beneficiary is a company to which paragraph 23(2)(a) of this Act applies—the rate specified in paragraph 23(2)(a); or (ii) otherwise—the rate specified in paragraph 23(2)(b); and (b) if subsection 98(4) of the Assessment Act applies—the maximum rate specified in column 3 of the table applicable to the year of income in Part II of Schedule 7 to this Act that applies for the year of income. > Note: If paragraph 98(3)(a) of the Assessment Act applies, see subsection 12(6).