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.