Commonwealth Consolidated Acts

INCOME TAX ASSESSMENT ACT 1936 - SECT 348

  (1)   An entity is an eligible transferor in relation to a non - discretionary trust or a public unit trust at a particular time (in this section called the test time ) if:

  (a)   the transferor entity transferred property or services to the trust at or after the IP time and before the test time; and

  (b)   the underlying transfer was made for no consideration or for a consideration less than the arm's length amount in relation to the underlying transfer; and

  (c)   it is not the case that the sole purpose of the underlying transfer was the acquisition of units in the trust where the parties to the underlying transfer were at arm's length with each other in relation to the underlying transfer and the trust was a public unit trust at the test time;

and, at the test time, the transferor entity is an Australian entity or a CFE.

  (2)   For the purposes of subsection   (1), the arm's length amount in relation to a transfer of property or services to a trust is the amount that the trustee could reasonably be expected to have been required to pay to obtain the property or services concerned from the transferor under a transaction where the parties were dealing with each other at arm's length in relation to the transaction.