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Appendix 9: Transferor trust exception codes

Last updated 8 November 2011

Sub-section/section

Code

102AAT(1)(a)(i)(A) to (D)

The transfer was:

  • made to a non-resident discretionary trust
  • an arm's length transaction undertaken in the ordinary course of business.
 

1

102AAT(1)(a)(i)(A) to (C) & (E)

The transfer was:

  • made to a non-resident discretionary trust
  • an arm's length transaction not undertaken in the ordinary course of business
  • neither the transferor or its associates were in a position to control the trust (from the time of the transfer until the end of the transferor's current year of income).
 

2

102AAT(1)(a)(i)(A) to (C) & (F)

The transfer was:

  • made to a non-resident discretionary trust
  • made either on or before 12 April 1989
  • neither the transferor or its associates were in a position to control the trust (from 12 April 1989 until the transferor's current year of income).

This exemption will not apply to transfers made in the last three income years.

3

102AAT(1)(a)(ii)(A) to (C)

The transfer was:

  • made to a non-resident non-discretionary trust
  • made either on or after 12 April 1989

for a consideration equal to or greater than the arm's length amount.

4

102AAT(1)(a)(ii)(A), (B) & (D)

The transfer was:

  • made to a public unit trust (that is a non-resident trust estate)
  • made either on or after 12 April 1989
  • for a consideration equal to or greater than the arm's length amount
  • the sole purpose of the transaction was the arm's length acquisition of units in a public unit trust.
 

5

102AAZE

De minimis exemption

The transfer was made to a non-resident trust that is a resident of a listed country and the total of the attributable incomes of all non-resident trust estates is qual to or less than the lesser of:

  • $20,000, or
  • 10% of the total of the net incomes of the trust estates.
 

6

QC24292