The Australian Taxation Office issued on 2 May 2008 Interpretative Decision ATO ID 2008/63 in which it said that an Irish Common Contractual Fund (CCF) is not a resident for the purposes of the tax treaty between Australia and Ireland.
In reaching this conclusion, the Interpretative Decision states that the residence of trustees of a CCF is determinative in deciding the residence of the CCF. The trustees do not satisfy the residence requirements, as they are not liabl…