Subsection/section
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Code
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102AAT(1)(a)(i)(A) to (D)
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The transfer was:
- made to a non-resident discretionary trust
- an arm's length transaction undertaken in the ordinary course of business.
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1
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102AAT(1)(a)(i)(A) to (C) & (E)
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The transfer was:
- made to a non-resident discretionary trust
- an arm's length transaction not undertaken in the ordinary course of business
- neither the transferor nor its associates were in a position to control the trust (from the time of the transfer until the end of the transferor's current year of income).
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2
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102AAT(1)(a)(i)(A) to (C) & (F)
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The transfer was:
- made to a non-resident discretionary trust
- made either on or before 12 April 1989
- neither the transferor nor its associates were in a position to control the trust (from 12 April 1989 until the transferor's current year of income).
This exemption will not apply to transfers made in the last three income years.
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3
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102AAT(1)(a)(ii)(A) to (C)
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The transfer was:
- made to a non-resident non-discretionary trust
- made either on or after 12 April 1989
- for a consideration equal to or greater than the arm's length amount.
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4
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102AAT(1)(a)(ii)(A), (B) & (D)
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The transfer was:
- made to a public unit trust (that is a non-resident trust estate)
- made either on or after 12 April 1989
- for a consideration equal to or greater than the arm's length amount
- the sole purpose of the transaction was the arm's length acquisition of units in a public unit trust.
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5
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102AAZE
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De minimis exemption
The transfer was made to a non-resident trust that is a resident of a listed country and the total of the attributable incomes of all non-resident trust estates is equal to or less than the lesser of either:
- $20,000
- 10% of the total of the net incomes of the trust estates.
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6
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