Document ID: chunk:federal_register_of_legislation:C2025C00162:clause:1a_1208q
Version: federal_register_of_legislation:C2025C00162
Segment Type: clause
Provision Reference: sch 1A cl 1208Q
Character Range: 2596793–2597891

1208Q  Individual disposes of ordinary income to company or trust
 (1) If:
 (a) an individual transfers property to a company or trust on or after 1 January 2002; and
 (b) either:
 (i) as a result of the transfer, the individual became an attributable stakeholder of the company or trust; or
 (ii) at the time of the transfer, the individual was an attributable stakeholder of the company or trust; and
 (c) the transfer amounts to a disposal by the individual of ordinary income of the individual; and
 (d) if the ordinary income is income from an asset—the course of conduct that constituted the disposition of the income did not also constitute a disposition of the asset;
the Secretary may, by writing, determine that Division 3 of Part 3.10 applies, and is taken to have applied, to the disposal referred to in paragraph (c) as if:
 (e) the amount of the disposition were nil; or
 (f) the amount of the disposition were reduced by the amount specified in the determination.
 (2) In making a decision under this section, the Secretary must comply with any relevant decision‑making principles.