Document ID: chunk:federal_register_of_legislation:C2025C00014:section:51ad:p3
Version: federal_register_of_legislation:C2025C00014
Segment Type: section
Provision Reference: s 51AD (pt 3/10)
Character Range: 337315–339817

in force, the property is, or is to be, used by a person other than the taxpayer otherwise than wholly and exclusively for the purpose of producing assessable income; or
 (iii) in a case where the property was acquired by the taxpayer—the property was, prior to its acquisition by the taxpayer, owned, and used or held for use, by the end‑user; or
 (b) in a case to which paragraph (a) does not apply:
 (i) at a time when the property is owned by the taxpayer, the property is, or is to be, used (whether or not by the taxpayer) wholly or partly in or in connection with the production, supply, carriage, transmission or delivery of goods or the provision of services; and
 (ii) a person other than the taxpayer (which person is in this section also referred to as the end‑user) controls, will control, or is or will be able to control, directly or indirectly, that use of the property, and:
 (A) in a case where the end‑user is not a resident of Australia—that use of the property takes place, or is to take place, wholly or principally outside Australia;
 (B) in a case where some or all of the goods are, or are to be, produced for the end‑user or supplied, carried, transmitted or delivered to or for the end‑user, or some or all of the services are, or are to be, provided to or for the end‑user—any of those goods or services are, or are to be, used by the end‑user otherwise than wholly and exclusively for the purpose of producing assessable income;
 (C) in relation to the production, supply, carriage, transmission or delivery of goods, or the provision of services, as mentioned in subparagraph (i), the end‑user derives, or is to derive, no income or income that is wholly or partly exempt from income tax; or
 (D) in a case where the property was acquired by the taxpayer—the property was, prior to its acquisition by the taxpayer, owned, and used or held for use, by the end‑user.
 (5) In subparagraph (4)(a)(iii) and sub‑subparagraph (4)(b)(ii)(D), a reference to the end‑user is a reference to the end‑user, any of the end‑users (where there are 2 or more end‑users), any associate of the end‑user or of any of those end‑users, or any 2 or more such persons.
 (6) For the purposes of subsection (4), property shall be taken not to have been, prior to its acquisition by the taxpayer, owned, and used or held for use, by a person if:
 (a) the property was first used or held for use by the person at a time within 6 months before the acquisition of the property by the taxpayer; and
 (b)