Document ID: chunk:federal_register_of_legislation:C2025C00014:section:121f:p2
Version: federal_register_of_legislation:C2025C00014
Segment Type: section
Provision Reference: s 121F (pt 2/2)
Character Range: 1155614–1157400

to have income that will or may be derived (whether from property or otherwise) paid to, or applied or accumulated for the benefit of, the person.
tax avoidance agreement means an agreement that was entered into after 24 June 1980 and was entered into or carried out for the purpose, or for purposes that included the purpose, of securing that a person who, if the agreement had not been entered into or carried out, would have been liable to pay income tax in respect of a year of income would not be liable to pay income tax in respect of that year of income or would be liable to pay less income tax in respect of that year of income than that person would have been liable to pay if the agreement had not been entered into or carried out.
taxpayer does not include a partnership.
 (2) In determining for the purposes of this Division whether an agreement is a tax avoidance agreement, no regard shall be had to a purpose that is a merely incidental purpose.
 (3) For the purposes of this Division, an agreement shall be taken to have been entered into or carried out for a particular purpose, or for purposes that included a particular purpose, if any of the parties to the agreement entered into or carried out the agreement for that purpose, or for purposes that included that purpose, as the case may be.
 (4) A reference in this Division to a person shall be read as including a reference to a person in the capacity of a trustee.
 (5) For the purposes of the application of this Division in relation to property acquired under a tax avoidance agreement, a reference to income that is derived from that property shall be read as including a reference to income that is derived from the disposal of that property, of any part of that property or of any interest in that property.