Income Tax Assessment Act 1936

PART III - LIABILITY TO TAXATION  

Division 6AAA - Special provisions relating to non-resident trust estates etc.  

Subdivision A - Preliminary  

SECTION 102AAF   PUBLIC UNIT TRUSTS  

102AAF(1)  
Subject to this section, for the purposes of this Division, a unit trust is a public unit trust at all times during a year of income if either of the following conditions are satisfied:


(a) at any time during the year of income:


(i) any of the units in the unit trust were listed for quotation in the official list of a stock exchange in Australia or elsewhere; or

(ii) any of the units in the unit trust were offered to the public;


(b) at all times during the year of income, the units in the unit trust were held by not fewer than 50 persons.

102AAF(2)  


In determining whether a unit trust is a public unit trust at all times during a year of income for the purposes of this Division, subsections 102P(3) to (9) (inclusive) and (11) apply as if:


(a) a reference in those subsections to Division 6C were a reference to this Division; and


(b) a reference in those subsections to subsection 102P(1) were a reference to subsection (1) of this section; and


(c) a reference in those subsections to a public unit trust in relation to a year of income were a reference to a public unit trust at all times during a year of income.

102AAF(3)  
In determining whether a unit trust (in this subsection called the first unit trust ) is a public unit trust at all times during a year of income for the purposes of this Division, the following provisions have effect:


(a) the following entities are taken to be one person:


(i) an entity, whether or not it holds units in the first unit trust; and

(ii) the entity or entities who are the associate or associates of the entity;


(b) where any units in the first unit trust are held by the trustee of another trust that, apart from this paragraph, is a public unit trust at all times during the year of income - a person who has a beneficial interest in property of that other trust that consists of those units is taken to hold those units;


(c) where any units in the first unit trust are held by the trustee of another trust that:


(i) apart from paragraph (b); or

(ii) by virtue of the application of paragraph (b);
is a public unit trust at all times during the year of income - a person who has a beneficial interest in the property of that other trust that consists of those units (whether or not that beneficial interest is taken to be held by virtue of the application of this paragraph) is taken to hold those units.

 

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