Document ID: chunk:federal_register_of_legislation:F2017L00219:body:0:p6
Version: federal_register_of_legislation:F2017L00219
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(Attributable Stakeholders and Attribution Percentages) Principles 2017.
 (5) In considering the matter mentioned in subsection (3), the Secretary must have regard to the decision-making principles set out in Part 3 of the Social Security (Attributable Stakeholders and Attribution Percentages) Principles 2017.

Part 6 Determination of percentage of net income of primary production enterprise for tax year
14 Purpose of Part 6
  This Part sets out decision-making principles with which the Secretary must comply in making:
 (a) a determination under subparagraph 1209 (1) (b) (ii) of the Act that, for a particular tax year, a specified percentage, lower than 100%, of the net income of a primary production enterprise carried on by a company that was a controlled private company in relation to an individual throughout that tax year is to apply in relation to the individual and the enterprise for that tax year; or
 (b) a determination under subparagraph 1209 (1) (c) (ii) of the Act that, for a particular tax year, a specified percentage, lower than 100%, of the net income of a primary production enterprise carried on by a trust that was a controlled private trust in relation to an individual throughout that tax year is to apply in relation to the individual and the enterprise for that tax year.
15 Is the individual an attributable stakeholder?
 (1) The Secretary must consider whether it is likely that the individual would be considered to be an attributable stakeholder of the company or trust that carries on the primary production enterprise.
 (2) If the primary production enterprise is carried on by a trust that is a concessional primary production trust in relation to the individual, the Secretary must consider whether it is likely that, but for the fact that the trust is a concessional primary production trust in relation to the individual, the individual would be considered to be an attributable stakeholder of the trust.
 (3) If the Secretary considers that it is likely that the individual would be considered to be an attributable stakeholder of the company or trust that carries on the primary production enterprise, the Secretary must consider the percentage that would be likely to be the individual's income attribution percentage in relation to the company or trust.
 (4) In considering the matters mentioned in subsections (1) and (2), the Secretary must have regard to the decision-making principles set out in Part 2 of the Social Security (Attributable Stakeholders and Attribution Percentages) Principles 2017.

 (5) In considering the matter mentioned in subsection (3), the Secretary must have regard to the decision-making principles set out in Part 4 of the Social Security (Attributable Stakeholders and Attribution Percentages) Principles 2017.