Income tax 2016

Division 6C property funds: Land in the context of infrastructure

Source: The Tax Specialist Journal Article

Published Date: 1 Aug 2016


Division 6C of Part III of the Income Tax Assessment Act 1936 (Cth) operates to tax a public trading trust in the same way as a company, and its unitholders as if they are shareholders. A public unit trust that carries on a business that consists wholly of an eligible investment business does not carry on a trading business. This paper considers the first limb of the definition of eligible investment business, that is investing in land for the purpose of, or primarily for the purpose, of deriving rent and associated provisions. The paper is principally concerned with the question what is an investment in land in the context of ensuring that a public unit trust avoids becoming a public trading trust. The key issues are what is an investment in land, what is rent, and when is an investment in land for the purpose, or primarily for the purpose of deriving rent.

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Income tax 2016

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