Document ID: chunk:federal_register_of_legislation:C2014C00749:clause:15_11:p19
Version: federal_register_of_legislation:C2014C00749
Segment Type: clause
Provision Reference: sch 15 cl 11 (pt 19/20)
Character Range: 331160–333776

(the relevant entity), has the power to obtain the beneficial enjoyment of the trust's capital or income (whether or not by exercising its power of appointment or revocation, and whether with or without another entity's consent); or
 (b) the relevant entity is able to control the application of the trust's capital or income in any manner (whether directly or indirectly); or
 (c) the relevant entity is able to do a thing mentioned in paragraph (a) or (b) under a *scheme; or
 (d) a trustee of the trust is accustomed or is under an obligation (whether formally or informally), or might reasonably be expected, to act in accordance with the relevant entity's directions, instructions or wishes; or
 (e) the relevant entity is able to remove or appoint a trustee of the trust.

727‑365  Control (for value shifting purposes) of a non‑fixed trust

Trustee tests
 (1) An entity controls (for value shifting purposes) a *non‑fixed trust if:
 (a) the entity or an *associate of the entity is a trustee of the trust; or
 (b) the entity, or the entity and its *associates between them, can remove or appoint the trustee, or one or more of the trustees, of the trust; or
 (c) a trustee of the trust is accustomed to act, is under an obligation (whether formally or informally) to act, or might reasonably be expected to act, in accordance with the directions, instructions or wishes of:
 (i) the entity or an *associate of the entity; or
 (ii) 2 or more entities, at least one of which is the entity or an associate of the entity.

Tests based on control of the trust income or capital
 (2) An entity also controls (for value shifting purposes) a *non‑fixed trust if the entity, or the entity and its *associates between them:
 (a) have the power to obtain the beneficial enjoyment of trust income or capital; or
 (b) can control in any way at all, whether directly or indirectly, the application of trust income or capital; or
 (c) can, under a *scheme, gain the enjoyment or control referred to in paragraph (a) or (b).
 (3) An entity also controls (for value shifting purposes) a *non‑fixed trust if:
 (a) the entity, or any of its *associates, can benefit under the trust otherwise than because of a *fixed entitlement to a share of the income or capital of the trust; or
 (b) if the entity, or the entity and its *associates between them, have the right to receive (either directly, or indirectly through one or more interposed entities) at least 40% of any distribution of trust income, or trust capital.

727‑370  Preventing double counting for percentage stake tests
  If an interest giving an entity, or an entity