Commonwealth Consolidated Acts

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INCOME TAX ASSESSMENT ACT 1936 - SECT 338

Australian trust

    For the purposes of this Part, a trust is an Australian trust at a particular time (in this section called the test time ) if:

  (a)   at any time in the period of 12 months immediately before the test time:

  (i)   any trustee of the trust was a Part   X Australian resident; or

  (ii)   the central management and control of the trust was in Australia; or

  (b)   the trust is a public trading trust for the purposes of Division   6C of Part   III, in relation to the year of income of the trust in which the test time occurs.



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