Document ID: chunk:federal_register_of_legislation:C2004A00898:clause:1_78:p1
Version: federal_register_of_legislation:C2004A00898
Segment Type: clause
Provision Reference: sch 1 cl 78 (pt 1/2)
Character Range: 97119–99636

78  At the end of section 102T
Add:

Non‑unit dividend

 (21) Subsections (2), (3), (4) and (20) apply as if references in those subsections to a unit trust dividend included a reference to a non‑unit dividend.

 (22) For the purposes of subsection 44(1), a non‑unit dividend paid by the trustee of a prescribed trust estate out of corpus of the trust estate is taken, to the extent to which the non‑unit dividend is attributable to a source in Australia, to be derived from a source in Australia.

 (23) If a provision of this Act that applies to a dividend:
 (a) is taken under this section to apply to a unit trust dividend; and
 (b) applies to a non‑share dividend in the same way as it applies to a dividend;
that provision also applies to a non‑unit dividend in the same way as it applies to a dividend.

Non‑unit equity interest

 (24) If a provision of this Act that applies to a share:
 (a) is taken under this section to apply to a unit in a prescribed trust estate; and
 (b) applies to a non‑share equity interest in a company in the same way as it applies to a share;
that provision also applies to a non‑unit equity interest in a prescribed trust estate in the same way as it applies to a share.

Equity holder

 (25) Subsections (1), (2), (18) and (20) apply as if references in those subsections to a unitholder included a reference to an equity holder who is not a unitholder.

 (26) If a provision of this Act that applies to a shareholder:
 (a) is taken because of this section to apply to a unitholder in a prescribed trust estate; and
 (b) applies to an equity holder in a company who is not a shareholder in the same way as it applies to a shareholder;
that provision also applies to an equity holder in a prescribed trust estate who is not a unitholder in the same way as it applies to a shareholder.

Definitions

 (27) In this section:

equity holder in a prescribed trust estate means the holder of an equity interest in the prescribed trust estate.

equity interest in a prescribed trust estate means:
 (a) a unit in the prescribed trust estate; or
 (b) any other interest that would be an equity interest in the prescribed trust estate if references in Division 974 of the Income Tax Assessment Act 1997 to a company included references to a prescribed trust estate or, as the context requires, to the trustee of a prescribed trust estate.

non‑unit dividend means a unit trust distribution that is not a unit trust dividend.

non‑unit equity interest in a prescribed trust estate means