| Disclaimer This edited version has been archived due to the length of time since original publication.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 private advice
Authorisation Number: 1051534422693
Date of advice: 26 June 2019
Ruling
Subject: Existence of a vested and indefeasible interest in the income and capital of a trust
The Commissioner made a private ruling on the existence of a vested and indefeasible interest in the income and capital of a trust for the purposes of section 272-5 of Schedule 2F to the Income Tax Assessment Act 1936 (ITAA 1936), and the existence of a vested and indefeasible interest in so much of the corpus of a trust as is comprised by the trust holding for the purposes of former subsection 160APHL(11) of the ITAA 1936.