Commonwealth Consolidated Acts

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INCOME TAX ASSESSMENT ACT 1997 - SECT 275.40

MIT participation interest

  (1)   An entity has a MIT participation interest in a trust if the entity, directly or indirectly:

  (a)   holds, or has the right to * acquire, interests representing a percentage of the value of the interests in the trust; or

  (b)   has the control of, or the ability to control, a percentage of the rights attaching to * membership interests in the trust; or

  (c)   has the right to receive a percentage of any distribution of income that the trust may make.

  (2)   The MIT participation interest of the entity in the trust is the greatest of the percentages mentioned in paragraphs   (1)(a), (b) and (c).


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