INCOME TAX ASSESSMENT ACT 1997

CHAPTER 3 - SPECIALIST LIABILITY RULES  

PART 3-10 - FINANCIAL TRANSACTIONS  

Division 235 - Particular financial transactions  

Subdivision 235-I - Instalment trusts  

Operative provisions

SECTION 235-815   Application of Subdivision  

235-815(1)  
This Subdivision applies to:


(a) the entity that has the beneficial interest in an *instalment trust asset as the beneficiary of an *instalment trust; and


(b) the trustee of the instalment trust.

235-815(2)  
This Subdivision applies for the purposes of this Act, apart from:


(a) Part VA of the Income Tax Assessment Act 1936 (which is about tax file numbers); and


(b) Subdivisions 12-E , 12-F and 12-H in Schedule 1 to the Taxation Administration Act 1953 (which are about PAYG withholding). Joint investments

235-815(3)  
This Subdivision applies in relation to 2 or more entities that hold an interest in a trust as joint tenants, or as tenants in common, in the same way it applies in relation to a single entity that holds such an interest.

Note:

Each investor that is treated by this Subdivision as jointly owning an instalment trust asset is treated for CGT purposes as owning a separate asset: see section 108-7 .


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