Document ID: chunk:federal_register_of_legislation:C2007A00056:clause:3_139dse
Version: federal_register_of_legislation:C2007A00056
Segment Type: clause
Provision Reference: sch 3 cl 139DSE
Character Range: 17855–19037

139DSE  Modifications relating to employment

Proportion of permanent employees of employer

 (1) Subsection 139DSB(2) does not affect a provision setting out a condition relating to a specified proportion of the permanent employees of a stapled entity that is the employer.

Example: In applying subsection 139CD(5), the employer of the taxpayer is not taken to include any other stapled entities. The condition in that subsection will be satisfied if it is satisfied for the employing entity alone.

 (2) The reference in paragraph 139CD(5)(b) to a holding company of an employer includes a reference to the stapled entities for the stapled security if:
 (a) the employer is not a stapled entity for the stapled security; and
 (b) a company that included the stapled entities as parts of the company would be a holding company of the employer.

Cessation of employment

 (3) For the purposes of working out the time when a taxpayer ceases to be employed by the employer of the taxpayer, that employer is taken to include (as part of it) each other stapled entity for the stapled security.

Note: This rule affects the operation of subsections 139CA(2), 139CB(1) and 139CE(3).