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Edited version of private advice

Authorisation Number: 1052225438464

Date of advice: 26 February 2024

Ruling

Subject: Employee share trust (EST)

In order to protect the privacy and commercial in-confidence components of this private binding ruling the following summary is provided:

Issue

Whether an activity, in itself, will cause a trust to not satisfy the requirements as an EST under subsection 130-85(4) of the Income Tax Assessment Act 1997 (ITAA 1997)?

Answer

No. The activity, in itself, will not cause a trust to not satisfy the requirements as an EST under subsection 130-85(4) of the ITAA 1997.