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COMMONWEALTHRegulation
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s 29

Distributions of income of closely held trusts—prescribed trusts

In force
Part 3Income tax (Chapter 2 in Schedule 1 to the Act)
Division 2Pay as you go (PAYG) withholding—Payments from which amounts must be withheld
Subdivision BPayments where TFN not quoted

29 Distributions of income of closely held trusts—prescribed trusts

(1)

For the purposes of subparagraph 12‑175(1)(c)(iii) in Schedule 1 to the Act, the following trusts are prescribed:

(a)

a discretionary mutual fund (within the meaning of subsections 5(5) and (6) of the Financial Sector (Collection of Data) Act 2001);

(b)

a trust that is a fund that provides professional indemnity insurance or insurance‑like cover to a legal practitioner, including a fund established under legislation or by a State or Territory law society to provide professional indemnity cover to its members;

(c)

an employee share trust for an employee share scheme;

(d)

a trust covered by subsection (2).

Law practice trusts

(2)

This subsection covers a trust that is:

(a)

created and maintained for the purposes of, or in connection with:

(i)

the provision of legal services by a duly qualified legal practitioner; or

(ii)

the deposit of money of a kind described in column 1 of item 4 of the table in subsection 202D(1) of the Income Tax Assessment Act 1936; and

(b)

regulated by a State or Territory law for the regulation of legal practices or legal services.

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