QLDIn ForceAct
Duties Act 2001
sec.101Conditions for creation of trusts and particular trust acquisitions
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### sec.101 Conditions for creation of trusts and particular trust acquisitions
The conditions applying to a dutiable transaction mentioned in section 97 (1) (d) are as follows—
the trust is a family trust for the acquirer;
the beneficiary of the trust is a minor, and—
if the business property is used to carry on the business of primary production—the minor is a defined relative of the person creating the trust; or
otherwise—the minor is a descendant of the person creating the trust;
there are no other beneficiaries of the trust other than a person who would become a beneficiary of the trust on the death of the beneficiary mentioned in paragraph (b) ;
the acquirer does not acquire the interest as agent or nominee of another person;
the business for which the business property is used is carried on by the person creating the trust, whether alone or with others;
the business is intended to be carried on for the beneficiary, whether alone or with others.
s 101 amd 2014 No. 35 s 7
- (a) the trust is a family trust for the acquirer;
- (b) the beneficiary of the trust is a minor, and— (i) if the business property is used to carry on the business of primary production—the minor is a defined relative of the person creating the trust; or (ii) otherwise—the minor is a descendant of the person creating the trust;
- (i) if the business property is used to carry on the business of primary production—the minor is a defined relative of the person creating the trust; or
- (ii) otherwise—the minor is a descendant of the person creating the trust;
- (c) there are no other beneficiaries of the trust other than a person who would become a beneficiary of the trust on the death of the beneficiary mentioned in paragraph (b) ;
- (d) the acquirer does not acquire the interest as agent or nominee of another person;
- (e) the business for which the business property is used is carried on by the person creating the trust, whether alone or with others;
- (f) the business is intended to be carried on for the beneficiary, whether alone or with others.
- (i) if the business property is used to carry on the business of primary production—the minor is a defined relative of the person creating the trust; or
- (ii) otherwise—the minor is a descendant of the person creating the trust;