Commonwealth Consolidated Acts

INCOME TAX ASSESSMENT ACT 1936 - SECT 102Q

    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.