A New Tax System (Goods and Services Tax) Regulations 1999 (repealed)

Part 4-1 - Special rules mainly about particular ways entities are organised  

Division 48 - GST groups  

Subdivision 48-A - Approval of GST groups  

48-10.03A   Alternative membership requirements for groups of fixed trusts  

(1)  
This regulation sets out the alternative requirements mentioned in paragraph 48-10.03(1)(a) for a trust to be a member of a GST group that consists only of fixed trusts.

Note

The fixed trust must also satisfy other membership requirements set out in section 48-10 of the Act.

(2)  
The fixed trust must be a member of the same 90% owned group as all other fixed trusts in that group.

(3)  
For this regulation:


(a) two fixed trusts are members of the same 90% owned group if:


(i) the trustee of one of the trusts has at least a 90% stake in the other trust; or

(ii) the trustee of a third trust has at least a 90% stake in each of the two trusts; and


(b) the trustee of a fixed trust (the head trust ) has at least a 90% stake in another fixed trust (the sub-trust ) if the trustee:


(i) owns at least 90% of the issued units in the sub-trust (whether directly or indirectly through 1 or more interposed trusts or companies); and

(ii) has the right to receive at least 90% of any distribution of capital or income of the sub-trust.



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