Commonwealth Consolidated Acts

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INCOME TAX ASSESSMENT ACT 1936 - SECT 102Q

Resident unit trusts

                   For the purposes of this Division, a unit trust is a resident unit trust in relation to a year of income if, at any time during the year of income:

                     (a)  either of the following conditions was satisfied:

                              (i)  any property of the unit trust was situated in Australia;

                             (ii)  the trustee of the unit trust carried on business in Australia; and

                     (b)  either of the following conditions was satisfied:

                              (i)  the central management and control of the unit trust was in Australia;

                             (ii)  a person who was a resident or persons who were residents held more than 50% of:

                                        (A)  the beneficial interests in the income of the unit trust; or

                                        (B)  the beneficial interests in the property of the unit trust.



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