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Edited version of your private ruling
Authorisation Number: 1012589222748
Ruling
Subject: Trusts: Division 6B of the Income Tax Assessment Act 1936
The ruling concerned the following:
1. Is the trust an 'eligible unit trust' as defined in section 102F of the Income Tax Assessment Act 1936 (ITAA 1936)?
2. If the answer to Question 1 is positive, will the trust a 'public unit trust' as defined in section 102G of the ITAA 1936 if it is wholly owned through interposed trusts by a superannuation fund (resident or non-resident) that has greater than fifty members?
The Commissioner ruled that:
1. No. The trust is not an 'eligible unit trust' as defined in section 102F of the ITAA 1936.
2. Since the answer to Question 1 is not positive, this question is not applicable.
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