Income Tax Assessment Act 1936

PART III - LIABILITY TO TAXATION  

Division 6AAA - Special provisions relating to non-resident trust estates etc.  

Subdivision A - Preliminary  

SECTION 102AAG   WHEN ENTITY IS IN A POSITION TO CONTROL A TRUST ESTATE  

102AAG(1)   [Entity in position to control]  

For the purposes of this Division, an entity is taken to be in a position to control a trust estate if, and only if:

(a) a group in relation to the entity had the power by means of the exercise by the group of any power of appointment or revocation or otherwise, to obtain, with or without the consent of any other entity, the beneficial enjoyment of the corpus or income of the trust estate; or

(b) a group in relation to the entity was able in any manner whatsoever, whether directly or indirectly, to control the application of the corpus or income of the trust estate; or

(c) a group in relation to the entity was capable under a scheme of gaining the enjoyment or the control referred to in paragraph (a) or (b); or

(d) a trustee of the trust estate was accustomed or under an obligation (whether formally or informally) or might reasonably be expected to act in accordance with the directions, instructions or wishes of a group in relation to the entity; or

(e) a group in relation to the entity was able to remove or appoint the trustee, or any of the trustees, of the trust estate.

102AAG(2)   [Group in relation to an entity]  

In subsection (1), a reference to a group in relation to an entity is a reference to:

(a) the entity acting alone; or

(b) an associate of the entity acting alone; or

(c) the entity and one or more associates of the entity acting together; or

(d) 2 or more associates of the entity acting together.