Disclaimer This edited version has been archived due to the length of time since original publication. It should not be regarded as indicative of the ATO's current views. The law may have changed since original publication, and views in the edited version may also be affected by subsequent precedents and new approaches to the application of the law. You cannot rely on this record in your tax affairs. It is not binding and provides you with no protection (including from any underpaid tax, penalty or interest). In addition, this record is not an authority for the purposes of establishing a reasonably arguable position for you to apply to your own circumstances. For more information on the status of edited versions of private advice and reasons we publish them, see PS LA 2008/4. |
Edited version of your written advice
Authorisation Number: 1012886903482
Date of advice: 1 October 2015
Ruling
Subject: Managed investment trust
Question 1
Is Entity A covered by subsection 12-402(3) of Schedule 1 to the Taxation Administration Act 1953 (TAA 1953)?
Answer
Yes
Relevant facts and circumstances
Entity A is a non-resident entity planning on acquiring an asset in Australia.
Relevant legislative provisions
Taxation Administration Act 1953 subsection 12-402(3) of Schedule 1
Reasons for decision
As Entity A met all the requirements of subsection 12-402(3) of Schedule 1 to the TAA 1935, the Commissioner considers that Entity A is an entity that is covered by subsection 12-402(3) of Schedule 1 to the TAA 1953.