A New Tax System (Goods and Services Tax) Regulations 2019

Chapter 4 - The special rules  

Part 4-1 - Special rules mainly about particular ways entities are organised  

Division 48 - GST groups  

Subdivision 48-A - Formation and membership of GST groups  

SECTION 48-10.03A   Alternative membership requirements for groups of fixed trusts  

(1)    
This section sets out the alternative requirements mentioned in paragraph 48-10.03(1)(a) for a trust to satisfy in relation to a GST group or proposed GST group that consists only of fixed trusts.

Note:

The fixed trust must also satisfy other membership requirements set out in section 48-10 of the Act.

(2)    
The fixed trust must be a member of the same 90% owned trust group as all other fixed trusts in that group.

(3)    
For the purposes of this section:


(a) two fixed trusts are members of the same 90% owned trust group if:


(i) the trustee of one of the trusts has at least a 90% trust stake in the other trust; or

(ii) the trustee of a third trust has at least a 90% trust stake in each of the 2 trusts; and


(b) the trustee of a fixed trust (the head trust ) has at least a 90% trust stake in another fixed trust (the sub-trust ) if the trustee:


(i) owns at least 90% of the issued units in the sub-trust (whether directly or indirectly through one or more interposed trusts or companies); and

(ii) has the right to receive at least 90% of any distribution of capital or income of the sub-trust.

 

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