Document ID: chunk:federal_register_of_legislation:C2025C00014:section:102aat:p1
Version: federal_register_of_legislation:C2025C00014
Segment Type: section
Provision Reference: s 102AAT (pt 1/4)
Character Range: 754433–757066

102AAT  Accruals system of taxation—attributable taxpayer
 (1) Subject to this Division, for the purposes of this Division, an entity is an attributable taxpayer in relation to a year of income of the entity (which year of income is in this section called the entity's current year of income) and in relation to a particular trust estate if, and only if:
 (a) either of the following subparagraphs applies:
 (i) all of the following conditions are satisfied:
 (A) the trust estate was a discretionary trust estate at any time during the entity's current year of income;
 (B) the trust estate was not a public unit trust at all times during the entity's current year of income;
 (C) the entity has transferred property or services to the trust estate at a time (in this subparagraph called the transfer time) before or during the entity's current year of income;
 (D) if the underlying transfer was made in the course of carrying on a business—it is not the case that, at or about the time of the underlying transfer, identical or similar property or services were transferred by the underlying transferor in the ordinary course of business to ordinary clients or customers under arm's length transactions and in similar circumstances and subject to identical or similar terms and conditions as those that applied in relation to the underlying transfer of the property or services concerned;
 (E) if the underlying transfer was made under an arm's length transaction otherwise than in the course of carrying on a business—the entity was in a position, at any time after the transfer time and before the end of the entity's current year of income, to control the trust estate;
 (F) if the transfer was made before the IP time and the trust estate was in existence, and was a discretionary trust estate, at the IP time—the entity was in a position, at any time after the IP time and before the end of the entity's current year of income, to control the trust estate;
 (ii) all of the following conditions are satisfied:
 (A) the trust estate was a non‑discretionary trust estate, or a public unit trust, at all times during the entity's current year of income when the trust estate was in existence;
 (B) the entity has transferred property or services to the trust estate after the IP time and before or during the entity's current year of income;
 (C) the underlying transfer was made for no consideration or for a consideration less than the arm's length amount in relation to the underlying transfer;
 (D) it is not the case that the sole purpose of the underlying transfer was the acquisition of units in the trust estate where the