TAXATION ADMINISTRATION REGULATIONS 1976 (REPEALED)

PART 5 - PAY AS YOU GO WITHHOLDING  

Division 3A - Withholding arrangements - closely held trusts  

REGULATION 38A   PRESCRIBED TRUSTS  

38A(1)    
For subparagraph 12-175(1)(c)(iii) in Schedule 1 of the Act, the following trusts are prescribed:

(a) a trust that is a discretionary mutual fund;

(b) an employee share trust for an employee share scheme;

(c) a law practice trust.

38A(2)    
In this regulation:

discretionary mutual fund
means:

(a) a discretionary mutual fund (within the meaning of subsections 5(5) and (6) of the Financial Sector (Collection of Data) Act 2001 ); or

(b) a fund that provides professional indemnity insurance or insurance like cover to a legal practitioner, including a fund established under legislation or by a State or Territory law society to provide professional indemnity cover to its members.

employee share trust
, for an employee share scheme, has the meaning given by subsection 130-85(4) of the Income Tax Assessment Act 1997 .

law practice trust
means a trust that is:

(a) created and maintained for the purposes of, or in connection with:

(i) the provision of legal services by a duly qualified legal practitioner; or

(ii) the deposit of money of a kind described in column 1 of item 4 of the table in subsection 202D(1) of the Income Tax Assessment Act 1936 ; and

(b) regulated by a State or Territory law for the regulation of legal practices or legal services.