INCOME TAX ASSESSMENT ACT 1936

PART X - ATTRIBUTION OF INCOME IN RESPECT OF CONTROLLED FOREIGN COMPANIES  

Division 2 - Types of entity  

Subdivision A - Australian entities  

SECTION 338   338   AUSTRALIAN TRUST  


For the purposes of this Part, a trust is an Australian trust at a particular time (in this section called the test time ) if:


(a) at any time in the period of 12 months immediately before the test time:


(i) any trustee of the trust was a Part X Australian resident; or

(ii) the central management and control of the trust was in Australia; or


(b) the trust is a public trading trust for the purposes of Division 6C of Part III, in relation to the year of income of the trust in which the test time occurs.


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