Private ruling: Qualified person
Published: February 2013

Ruling: Q1: Is the Trustee of the X Trust (X Trustee) a qualified person in relation to the franked dividends for the purposes of Division 1A of former Part IIIAA of the Income Tax Assessment Act 1936 (ITAA 1936) on the basis that the X Trustee has a vested and indefeasible interest in the shares held by the Trustee of the Share Plan Trust (SPT Trustee) for the purposes of former section 160APHL of the ITAA 1936? | A1: No. | Q2: If the Commissioner considers that the X Trustee does not have a vested and indefeasible interest, will the Commissioner determine to treat the X Trustee as having a vested and indefeasible interest in the shares held by the SPT Trustee pursuant to former subsection 160APHL(14) of the ITAA 1936 such that the X Trustee will be treated as a qualified person for the purposes of Division 1A of former Part IIIAA of the ITAA 1936? | A2: No.




Please check this edited version to be sure that there are no details remaining that you think may allow you to be identified. If you have any concerns about this ruling you wish to discuss, you will find our contact details in the fact sheet. | Subject: Qualified person: The ruling concerned a qualified person and the Commissioner has ruled on the following questions.