Section 311 — Charge of tax where shares of members in association of persons or body of individuals unknown, etc

(1) Where the individual shares of the members of an association of persons
or body of individuals in the whole or any part of the income of such
association or body are indeterminate or unknown, tax shall be charged on the total
income of such association or body at the maximum marginal rate, subject to the
provision of sub-section (2).
(2) In a case referred to in sub-section (1) where the total income of any member
of such association or body is chargeable to tax at a rate which is higher than the
maximum marginal rate, tax shall be charged on the total income of the such asso-
ciation or body at such higher rate.
(3) Where the individual shares of the members of an association of persons or body
of individuals in the whole or any part of the income of such association or body
are determinate or known, and—
( a) where the total income of any member of such association or body for
the tax year (excluding his share from such association or body) exceeds
the maximum amount which is not chargeable to, tax shall be charged
on the total income of the association or body at the maximum marginal
rate;
( b) where the total income of such association or body for the tax year
chargeable to tax at a rate which is higher than the maximum marginal
rate,—
( i) tax shall be charged on that portion of the total income of associ-
ation or body which is relatable to the share of such member at
such higher rate; and
( ii) the balance of the total income of such association or body shall
be taxed at the maximum marginal rate.
(4) For the purposes of this section, the individual shares of the members of an
association of persons or body of individuals in the whole or any part of the income
of such association or body shall be deemed to be indeterminate or unknown if
such shares (in relation to the whole or any part of such income) are indeterminate
or unknown on the date of formation of such association or body or at any time
thereafter.
5. —Executors