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This edited version has been archived due to the length of time since original publication.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.

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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.