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INCOME TAX ASSESSMENT ACT 1936

SCHEDULE 2F - TRUST LOSSES AND OTHER DEDUCTIONS    View history reference

Division 272 - Interpretation    View history reference

Subdivision 272-H - Unlisted very widely held trust  

SECTION 272-120  UNLISTED VERY WIDELY HELD TRUST  

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272-120(1)  

Subject to Subdivision 272-J, a unit trust is an unlisted very widely held trust if:


(a) it is an unlisted widely held trust; and


(b) it has at least 1,000 unit holders; and


(c) all of its units carry the same rights; and


(d) if its units are redeemable, they are redeemable for a price determined on the basis of its net asset value, according to Australian accounting principles; and


(e) it engages only in qualifying activities (see subsection (2)).

Qualifying activity

272-120(2)  

A qualifying activity is an activity that:


(a) is an investment or business activity; and


(b) is conducted in accordance with the trust instrument or deed, and any prospectus, of the trust; and


(c) is conducted at arm's length.

Extended status

272-120(3)  

If:


(a) at a particular time (the first qualifying time), a trust for the first time becomes an unlisted very widely held trust; and


(b) at a time (the first unit issue time) that is not more than 2 years earlier, units in the trust were first issued; and


(c) at no time during the period (the start-up period) between the first unit issue time and the first qualifying time was there any abnormal trading, of a kind covered by subsection 269-15(1) or section 269-20, in the trust's units; and


(d) at all times in the part (if any) of the start-up period that occurred more than 90 days after it began, the trust was a widely held unit trust;

the trust is taken to have been an unlisted very widely held trust at all times from the formation of the trust until the end of the start-up period.


 



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