• Appendix 9: Transferor trust exception codes

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    This information may not apply to the current year. Check the content carefully to ensure it is applicable to your circumstances.

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    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

    Last modified: 09 Nov 2011QC 24292