Private ruling: Document lodgment
Published: October 2014
Ruling period: Year ended 30 June 2009 | Year ended 30 June 2010 | Year ended 30 June 2011 | Year ended 30 June 2012 | Year ended 30 June 2013 | Year ended 30 June 2014
Date scheme commenced: 1 July 2007

Ruling: Q1: Is the director of a corporate trustee being a partner of a trust partnership authorised to sign tax documents on behalf of the partnership? | A1: Yes.

Relevant facts and circumstances: A corporate entity is trustee for a trust that is still active on the ASIC register. Two trusts are in partnership.

Relevant legislative provisions: Subdivision 388 of Schedule 1 of the Taxation Administration Act Section 444-5 of Schedule 1 of the Taxation Administration Act | Section 601AA of the Corporations Act 2001 | Section 601AB of the Corporations Act 2001 | Section 601AD of the Corporations Act 2001

Reasons for decision: Summary: Subdivision 388 of Schedule 1 of the Taxation Administration Act (TAA) states the general obligations relating to the lodgement of partnership returns and section 444-5 of the TAA states the obligation may be discharged by any of the partners. Therefore as the corporate entity is the trustee of one of the partners the director of that partner in the partnership may sign tax documents.