INCOME TAX ASSESSMENT ACT 1936

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

Division 3 - Control interests, attribution interests, attributable taxpayers and attribution percentages  

Subdivision A - Control interests  

SECTION 351   DIRECT CONTROL INTEREST IN A TRUST  

351(1)   [Interests held by entity]  

An entity that is a beneficiary in a trust holds a direct control interest in the trust at a particular time equal to:


(a) the percentage of the income of the trust represented by the share of the income to which the beneficiary is entitled, or that the beneficiary is entitled to acquire; or


(b) the percentage of the corpus of the trust represented by the share of the corpus to which the beneficiary is entitled, or that the beneficiary is entitled to acquire;

or, if those percentages differ, the greater of those percentages.

351(2)   [Entitlement to income or corpus of trust]  

For the purposes of the application of subsection (1) to a trust:


(a) the percentage of the income of the trust represented by the share of the income to which the beneficiary is entitled, or that the beneficiary is entitled to acquire; or


(b) the percentage of the corpus of the trust represented by the share of the corpus to which the beneficiary is entitled, or that the beneficiary is entitled to acquire;

at a particular time (in this subsection called the ``test time'' ) in a year of income of the trust, is to be worked out by:


(c) ascertaining whichever of the following is applicable:


(i) the income of the trust for the year of income;

(ii) the corpus of the trust as at the end of the year of income; and


(d) assuming that the share to which the entity is entitled, or that the entity is entitled to acquire, at the test time was the same at all other times during the year of income; and


(e) ascertaining the percentage concerned:


(i) at the end of the year of income instead of at the test time; and

(ii) on that assumption.

351(3)   [Each entity holding 100% interest]  

Each entity that is an eligible transferor in relation to a trust at a particular time holds a direct control interest in the trust at that time equal to 100%.

351(4)   [Subsection (1) interest deemed not held]  

An entity that holds a direct control interest in a trust at a particular time because of subsection (3) is not to be taken to hold any direct control interest in the trust at that time because of subsection (1).


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