QLDIn ForceAct
Duties Act 2001
sec.81AParticular trust interests disregarded for majority trust acquisitions
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### sec.81A Particular trust interests disregarded for majority trust acquisitions
This section applies if—
under section 80 , a person would have made a majority trust acquisition in a wholesale unit trust; and
all the persons who held or acquired the trust interests comprising the majority trust acquisition are group companies of a corporate group; and
the funds manager of the wholesale unit trust is a group company of the corporate group; and
there is no arrangement to avoid the imposition of transfer duty.
For section 80 , the trust interest of a person mentioned in subsection (1) (b) who is a qualified holder must be disregarded.
To remove any doubt, it is declared that section 80 applies to other trust interests, including trust interests held through the qualified holder.
s 81A ins 2002 No. 65 s 11
(sec.81A-ssec.1) This section applies if— under section 80 , a person would have made a majority trust acquisition in a wholesale unit trust; and all the persons who held or acquired the trust interests comprising the majority trust acquisition are group companies of a corporate group; and the funds manager of the wholesale unit trust is a group company of the corporate group; and there is no arrangement to avoid the imposition of transfer duty.
(sec.81A-ssec.2) For section 80 , the trust interest of a person mentioned in subsection (1) (b) who is a qualified holder must be disregarded.
(sec.81A-ssec.3) To remove any doubt, it is declared that section 80 applies to other trust interests, including trust interests held through the qualified holder.
- (a) under section 80 , a person would have made a majority trust acquisition in a wholesale unit trust; and
- (b) all the persons who held or acquired the trust interests comprising the majority trust acquisition are group companies of a corporate group; and
- (c) the funds manager of the wholesale unit trust is a group company of the corporate group; and
- (d) there is no arrangement to avoid the imposition of transfer duty.