Document ID: chunk:federal_register_of_legislation:C2011C00519:clause:1_1:p7
Version: federal_register_of_legislation:C2011C00519
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 7/20)
Character Range: 23450–25897

of an asset

 (1) An entity (other than you) is an end user of an asset if the entity (or a *connected entity):
 (a) uses, or effectively controls the use of, the asset; or
 (b) will use, or effectively control the use of, the asset; or
 (c) is able to use, or effectively control the use of, the asset; or
 (d) will be able to use, or effectively control the use of, the asset.

 (2) The control referred to in subsection (1) may be direct or indirect.

 (3) For the purposes of subsection (1), disregard any temporary control of the asset that is for the purpose of ensuring public health or safety, protecting the environment or continuing the supply of an essential service.

 (4) To avoid doubt, an entity is taken to be an end user of an asset if the entity (or a *connected entity) holds rights as a lessee under a lease of the asset.

Note: For particular arrangements that are treated as leases, see section 250‑80.

250‑55  Tax preferred end user

  An *end user of an asset is a tax preferred end user if:
 (a) the end user (or a *connected entity) is a *tax preferred entity; or
 (b) the end user is an entity that is not an Australian resident.

250‑60  Tax preferred use of an asset

 (1) An asset is put to a tax preferred use at a particular time if:
 (a) an *end user (or a *connected entity) holds, at that time, rights as lessee under a lease of the asset; and
 (b) either or both of the following subparagraphs is satisfied at that time:
 (i) the asset is, or is to be, used by or on behalf of an end user who is a *tax preferred end user because of paragraph 250‑55(a) (tax preferred entity);
 (ii) the asset is, or is to be, used wholly or principally outside Australia and an end user of the asset is a tax preferred end user because of paragraph 250‑55(b) (non‑resident).
If this subsection applies, the tax preferred use of the asset is the lease referred to in paragraph (a).

Note: For particular arrangements that are treated as leases, see section 250‑80.

 (2) An asset is also put to a tax preferred use at a particular time if:
 (a) at that time the asset is, or is to be, used (whether or not by you) wholly or partly in connection with:
 (i) the production, supply, carriage, transmission or delivery of goods; or
 (ii) the provision of services or facilities; and
 (b) either or both of the following subparagraphs is satisfied at that time:
 (i) some or all of the goods, services or facilities are, or are to