Western Australian Current Acts

DUTIES ACT 2008 - SECT 153A

153A .         References to interest in, or held by, trustee of discretionary trust

                For the purposes of section 154A, if a trustee of a discretionary trust is an entity in an ownership chain referred to in that section —

            (a)         an entity has an interest in the trustee of the discretionary trust if the entity is a potential beneficiary under the trust; and

            (b)         the trustee of the discretionary trust has an interest in an entity if the trust property is or includes the interest; and

            (c)         the percentage of the interest that the entity immediately above the trustee of the discretionary trust in the ownership chain has in the trustee of the discretionary trust is taken to be —

                  (i)         a 100% interest; or

                  (ii)         if the Commissioner decides in a particular case that the operation of subparagraph (i) would be inequitable — an interest of some other percentage, or no interest, as determined by the Commissioner.

        [Section 153A inserted: No. 12 of 2019 s. 62.]