Document ID: chunk:federal_register_of_legislation:C2025C00029:section:3:p25
Version: federal_register_of_legislation:C2025C00029
Segment Type: section
Provision Reference: s 3 (pt 25/32)
Character Range: 7254635–7257475

820‑855 TC direct control interest in a company
820‑860 TC direct control interest in a trust
820‑865 TC direct control interest in a partnership
820‑870 TC indirect control interest in a company, trust or partnership
820‑875 TC control tracing interest in a company, trust or partnership

Australian controller of a foreign entity

820‑745  What is an Australian controlled foreign entity?
  An Australian controlled foreign entity, in relation to a particular time, is an entity that is any of the following at that time:
 (a) a *controlled foreign company (except a *corporate limited partnership);
 (b) a *controlled foreign trust;
 (c) a *controlled foreign corporate limited partnership.

820‑750  What is an Australian controller of a controlled foreign company?
  An entity is an Australian controller of a *controlled foreign company mentioned in paragraph 820‑745(a) at a particular time if, and only if, at that time:
 (a) that entity is an *Australian entity holding a *TC control interest in the controlled foreign company that is 10% or more; or
 (b) all of the following subparagraphs apply:
 (i) the controlled foreign company is such a company because of paragraph 340(c) of the Income Tax Assessment Act 1936;
 (ii) not more than 5 Australian entities, including that entity, control that controlled foreign company (either alone or together with *associate entities and whether or not any associate entity is also an Australian entity);
 (iii) that entity holds a *TC control interest in the controlled foreign company that is at least 1%.
Note: A corporate limited partnership that is a foreign entity may be a controlled foreign corporate limited partnership, see section 820‑760.

820‑755  What is an Australian controller of a controlled foreign trust?
  An entity is an Australian controller of a *controlled foreign trust at a particular time if, and only if, at that time, the entity is an *Australian entity holding a *TC control interest in the trust that is 10% or more.

820‑760  What is an Australian controller of a controlled foreign corporate limited partnership?

Australian controller of a controlled foreign corporate limited partnership
 (1) An entity is an Australian controller of a *controlled foreign corporate limited partnership at a particular time if, and only if, at least one of the following paragraphs applies to the entity at that time:
 (a) the entity is an *Australian entity that is a *general partner of the partnership;
 (b) the entity is an Australian entity holding a *TC control interest in the partnership that is 10% or more.

Controlled foreign corporate limited partnership
 (2) A *corporate limited partnership is a controlled foreign corporate limited partnership at a particular time if, and only if, at that time:
 (a) it is not an *Australian entity; and
 (b) at least one