8ELevy surcharge for certain trustees—beneficiary a person to whom section 8B applies

#### 8E Levy surcharge for certain trustees—beneficiary a person to whom section 8B applies (1) This section applies to a person who is a beneficiary of a trust estate during a period if: (a) section 8B applies to the beneficiary during the whole of the period; and (b) the trustee of the trust estate in that capacity is liable to be assessed under section 98 of the Assessment Act in respect of a share of the net income of the trust estate to which the beneficiary is presently entitled (the beneficiary’s trust income). (2) If the amount of the beneficiary’s trust income exceeds the beneficiary’s singles tier 1 threshold for the year of income, the amount of the levy that, apart from this section, would have been payable under this Act by the trustee in the capacity of trustee of the trust estate in relation to the beneficiary for the year of income is to be increased: (a) if this section applies to the beneficiary for the whole of the year of income—by the amount of 1% of the beneficiary’s trust income; or (b) if this section applies to the beneficiary for only some of the days in the year of income—by the amount worked out using the formula:  (3) Increase the amount of each percentage mentioned in subsection (2) by 0.25 of a percentage point if the beneficiary is a tier 2 earner for the year of income. (4) Increase the amount of each percentage mentioned in subsection (2) by 0.5 of a percentage point if the beneficiary is a tier 3 earner for the year of income.