Document ID: chunk:federal_register_of_legislation:C2025C00029:section:8:p14
Version: federal_register_of_legislation:C2025C00029
Segment Type: section
Provision Reference: s 8 (pt 14/30)
Character Range: 4196822–4199414

in the asset; or
 (iii) a residual or reversionary interest in the asset that will arise or become exercisable at or after the end of the *arrangement period; and
 (b) the consideration for the purchase, acquisition or transfer of the right, obligation or interest is not fixed as the *market value of the asset at the time of the purchase, acquisition or transfer.
To avoid doubt, this subsection does not apply to the asset merely because your interest in the asset is one that ceases to exist after the passage of a particular period of time.

Member of tax preferred sector providing financing
 (4) Section 250‑30 does not apply if a *member of the tax preferred sector provides financing, or support for financing, in relation to your interest in the asset (including by way of a loan, a guarantee, an indemnity, a security, hedging or undertaking to provide *financial benefits in the event of the termination of an *arrangement).

Finance leases, non‑cancellable operating leases, service concessions and similar arrangements
 (5) Section 250‑30 does not apply if an *arrangement in relation to the *tax preferred use of the asset, or the provision of *financial benefits in relation to the tax preferred use of the asset, is or involves:
 (a) a finance lease; or
 (b) a non‑cancellable operating lease; or
 (c) a service concession or similar arrangement;
that generally accepted accounting principles, as in force at the start of the *arrangement period, require to be included as an asset or a liability in your balance sheet.

Financial benefits irregular, not based on comparable market‑based rates or not reflecting value of tax preferred use of asset
 (6) Section 250‑30 does not apply if the *financial benefits that have been, or are to be provided, to you (or a *connected entity) by *members of the tax preferred sector in relation to the *tax preferred use of the asset:
 (a) are not provided on a regular periodic basis (and at least annually); or
 (b) are not based on comparable market‑based rates; or
 (c) do not reflect the value of the tax preferred use of the asset.

Special rules if tax preferred use is a lease or hire of the asset
 (7) If the *tax preferred use of the asset is a lease or hire of the asset (or the use of the asset under a lease or hire arrangement), section 250‑30 does not apply if:
 (a) the asset is so specialised that the *end user could not carry out one or more of its functions effectively without the asset; and
 (b) you would be unlikely to be able to re‑lease, re‑hire or resell the asset to another person who is not a *member of the