Income Tax Assessment Act 1936

SCHEDULE 2F - TRUST LOSSES AND OTHER DEDUCTIONS  

Division 269 - Concepts and tests applied in Divisions 266 and 267  

Subdivision 269-B - Abnormal trading  

SECTION 269-47   ABNORMAL TRADING WHERE HOLDING TRUST  

Holding trust and subsidiary trust

269-47(1)    
If a unit trust has fixed entitlements directly or indirectly to all of the income and capital of another unit trust:

(a) the first trust is a holding trust of the second; and

(b) the second is a subsidiary trust of the first.

Abnormal trading causing or ending holding-subsidiary relationship

269-47(2)    
The transaction that causes a trust to become, or to cease to be, a holding trust of a subsidiary trust (the bottom subsidiary trust) is an abnormal trading in units in the bottom subsidiary trust unless:

(a) the holding trust is itself a subsidiary trust of one or more holding trusts (each of which is a higher holding trust ); and

(b) immediately before and after the transaction, the bottom subsidiary trust is a subsidiary trust of one or more of the higher holding trusts.

Abnormal trading while holding-subsidiary relationship exists

269-47(3)    
While one or more trusts are holding trusts of the same subsidiary trust, there is an abnormal trading in units in the subsidiary trust if and only if, and at the time at which, there is an abnormal trading in units in the holding trust that is not itself a subsidiary trust of another holding trust.