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Public unit trusts

Last updated 4 December 2006

The transferor trust measures do not apply to a transfer of property or services to a non-resident trust estate if:

  • the trust estate is a public unit trust at all times during the transferor's year of income
  • the transfer was made for arm's length consideration
  • the sole purpose of the transfer was the arm's length acquisition of units in the unit trust.

A unit trust will be a public unit trust if, at any time during the income year, any of the units were listed on a stock exchange in Australia or elsewhere or were offered to the public. A unit trust will also be a public unit trust if, at all times during the income year, the units in the unit trust were held by 50 or more individuals.

The transferor trust measures will apply to you if you make a transfer of property or services to a non-resident public unit trust on or after 12 April 1989 for less than arm's length consideration.

QC18000