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Edited version of private advice
Authorisation Number: 1052239803068
Date of advice: 20 May 2024
Ruling
Subject: Fixed trust
The Commissioner exercised the discretion in
• subsection 272-5(3) of Schedule 2F to the Income Tax Assessment Act 1936 (ITAA 1936), and
• subsection 272-30(3) of Schedule 2F to the ITAA 1936.
in relation to an ownership structure under which Company A owned 100% of the units in a unit trust with tax losses, and Company A was wholly owned (through interposed entities) by Company X (which is listed on an approved stock exchange).
Relevant legislative provisions
Income Tax Assessment Act 1936 section 272-5 of Schedule 2F
Income Tax Assessment Act 1936 section 272-30 of Schedule 2F