Document ID: chunk:federal_register_of_legislation:C2025C00029:section:8:p24
Version: federal_register_of_legislation:C2025C00029
Segment Type: section
Provision Reference: s 8 (pt 24/30)
Character Range: 4220326–4222806

the asset is not the lease or hire of the asset (and is not the use of the asset under a lease or hire arrangement); and
 (c) the asset is *put to the tax preferred use wholly or principally in Australia; and
 (d) no *member of the tax preferred sector provides financing, or support for financing, in relation to your interest in the asset (including by way of a loan, a guarantee, an indemnity, a security, hedging or undertaking to provide *financial benefits in the event of the termination of an *arrangement).
 (5) Paragraph (4)(b) does not apply if:
 (a) the asset is real property (or an interest in real property); and
 (b) the *tax preferred use of the asset is a lease; and
 (c) the space within the property that is occupied by tenants who are *members of the tax preferred sector is less than half of the total space within the property that is either occupied by tenants or available to be occupied by tenants.
 (6) This section also does not apply to the asset if:
 (a) you hold the asset as a trustee; and
 (b) the asset is real property (or an interest in real property); and
 (c) the *tax preferred use of the asset is a lease; and
 (d) the space within the property that is occupied by tenants who are *members of the tax preferred sector is less than half of the total space within the property that is either occupied by tenants or available to be occupied by tenants; and
 (e) the asset is *put to the tax preferred use wholly or principally in Australia; and
 (f) no member of the tax preferred sector provides financing, or support for financing, in relation to your interest in the asset (including by way of a loan, a guarantee, an indemnity, a security, hedging or undertaking to provide *financial benefits in the event of the termination of an *arrangement).

250‑120  Right to acquire asset test
 (1) You lack a predominant economic interest in an asset at a particular time if, at that time:
 (a) the asset is to be transferred to a *member of the tax preferred sector after the end of the *arrangement period; and
 (b) the consideration for the transfer is not fixed as the *market value of the asset at the time of the transfer.
 (2) You also lack a predominant economic interest in an asset at a particular time if, at that time:
 (a) a *member of the tax preferred end user group has, or will have:
 (i) a right, obligation or contingent obligation to purchase or acquire the asset or a legal or equitable interest in the asset; or
 (ii) a right