Document ID: chunk:federal_register_of_legislation:C2025C00180:clause:1_2:p9
Version: federal_register_of_legislation:C2025C00180
Segment Type: clause
Provision Reference: sch 1 cl 2 (pt 9/18)
Character Range: 802326–804989

the rights attaching to any of those interests;
it is reasonable to conclude that the rights attaching to any of the interests are capable of being varied or abrogated in such a way (even if they are not in fact varied or abrogated in that way) that, directly or indirectly, the trust would be disqualified under subsection (1).

Tracing
 (4) In applying this section:
 (a) if a *complying superannuation fund, *approved deposit fund or *superannuation fund for foreign residents has more than 50 members and has, directly or indirectly, a *fixed entitlement to any of the trust's income or capital—that entitlement is taken to be held by more than 20 individuals for their own benefit; and
 (b) if a complying superannuation fund, approved deposit fund or superannuation fund for foreign residents has 50 or fewer members and has, directly or indirectly, a fixed entitlement to any of the trust's income or capital—each of the members is taken to have a share of that entitlement, in equal proportions, for his or her own benefit.

45‑288  Resident investment trusts for beneficiaries who are absolutely entitled
  This section covers a trust if:
 (a) the trust is a resident unit trust within the meaning of section 102Q of the Income Tax Assessment Act 1936; and
 (b) the trust is of the kind covered by subsection 45‑280(6) in this Schedule; and
 (c) the requests or directions that beneficiaries may give the trustee are limited to requests or directions as to which of the activities listed in the definition of eligible investment business in section 102M of the Income Tax Assessment Act 1936 the trustee should engage in; and
 (d) all of the trust's beneficiaries became beneficiaries as a result of a public offer to invest in the trust; and
 (e) either:
 (i) the trust has 50 or more beneficiaries; or
 (ii) if the trustee of the trust is also the trustee of one or more other trusts that satisfy paragraphs (a), (b), (c) and (d) of this section—all those trusts together have a total of 50 or more beneficiaries.

45‑290  Exceptions to exclusion of trust capital gains from beneficiary's instalment income
 (1) This section sets out cases where paragraph (b) of the definition of your assessable income from the trust for the last income year in subsection 45‑280(2) does not apply.
 (2) It does not apply in the case of:
 (a) a *complying approved deposit fund or a *non‑complying approved deposit fund for the income year that is or includes the current period; or
 (b) a *complying superannuation fund or a *non‑complying superannuation fund for that year; or
 (c) a *pooled superannuation trust for that year.
 (3) It does not apply in the case of