Document ID: chunk:federal_register_of_legislation:C2025C00014:schedule:2f:p34
Version: federal_register_of_legislation:C2025C00014
Segment Type: schedule
Provision Reference: sch 2F (pt 34/79)
Character Range: 2289400–2292005

individuals (who may be different from those in paragraph (a)) have more than a 50% stake in the capital of the trust;
the trust passes the 50% stake test for the period or in respect of the 2 times.
 (2) If a trust is a widely held unit trust it is taken to pass the 50% stake test for a period or in respect of 2 times if it is reasonable to assume that the requirements of paragraphs (1)(a) and (b) are satisfied in respect of the period or the 2 times.

Subdivision 269‑D—Pattern of distributions test

269‑60  Pattern of distributions test
  A trust passes the pattern of distributions test for an income year if, before the end of 2 months after the end of the income year:
 (a) the trust distributed directly or indirectly to the same individuals, for their own benefit, a greater than 50% share of all test year distributions of income (see subsection 269‑65(1)); and
 (b) the trust distributed directly or indirectly to the same individuals (who may be different from those in paragraph (a)), for their own benefit, a greater than 50% share of all test year distributions of capital (see subsection 269‑65(3)).

269‑65  Test year distribution of income or capital

Test year distribution of income
 (1) A test year distribution of income is the total of all distributions of income made by the trust in any of the following periods, provided the period does not begin more than 6 years before the beginning of the income year:
 (a) the period from the beginning of the income year until 2 months after its end;
 (b) if the trust distributed income before the trigger year (see subsection (2))—the income year, before the trigger year, that is closest to the trigger year;
 (c) if paragraph (b) does not apply and the trust distributed income in the trigger year—the trigger year;
 (d) if neither paragraph (b) nor paragraph (c) applies—the income year, closest to the trigger year, in which the trust distributed income;
 (e) each intervening income year (if any) between the one in paragraph (a) and the one in paragraph (b), (c) or (d).

Trigger year
 (2) If this Subdivision is being applied for the purposes of section 267‑20, the trigger year is the loss year mentioned in that section. If it is being applied for the purposes of section 267‑25, the trigger year is the year in which the debt mentioned in that section was incurred.

Test year distribution of capital
 (3) Subsection (1) applies in the same way to distributions of capital made by the trust, to determine what is a test year distribution of capital.

269‑70  When individual receives different percentages
  For the purposes