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Edited version of your private ruling
Authorisation Number: 1012421669172
This edited version of your ruling will be published in the public register of private binding rulings after 28 days from the issue date of the ruling. The attached private rulings fact sheet has more information.
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Ruling
Subject: Qualified person
The ruling concerned a qualified person and the Commissioner has ruled on the following questions.
Question 1
Is the Trustee of the X Trust (X Trustee) a qualified person in relation to the franked dividends for the purposes of Division 1A of former Part IIIAA of the Income Tax Assessment Act 1936 (ITAA 1936) on the basis that the X Trustee has a vested and indefeasible interest in the shares held by the Trustee of the Share Plan Trust (SPT Trustee) for the purposes of former section 160APHL of the ITAA 1936?
Answer
No.
Question 2
If the Commissioner considers that the X Trustee does not have a vested and indefeasible interest, will the Commissioner determine to treat the X Trustee as having a vested and indefeasible interest in the shares held by the SPT Trustee pursuant to former subsection 160APHL(14) of the ITAA 1936 such that the X Trustee will be treated as a qualified person for the purposes of Division 1A of former Part IIIAA of the ITAA 1936?
Answer
No.
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