Document ID: chunk:federal_register_of_legislation:C2025C00014:section:102ae:p3
Version: federal_register_of_legislation:C2025C00014
Segment Type: section
Provision Reference: s 102AE (pt 3/5)
Character Range: 798744–801375

activities of the business;
 (ii) the extent to which the minor had the real and effective control over the disposal of income derived by the minor from the business during the year of income;
 (iii) the extent to which the capital of the business consisted of property contributed by the minor, being property the income from which would, in the opinion of the Commissioner, be excepted assessable income in relation to the minor; and
 (iv) such other matters (if any) as the Commissioner thinks fit; and
 (b) in any other case—the amount that, in the opinion of the Commissioner, is reasonable remuneration by way of salary or wages for any services rendered by the minor during the year of income in the production of assessable income of the business increased by such amount (if any) as, in the opinion of the Commissioner, is reasonable, having regard to the extent to which the capital of the business consisted of property contributed by the minor the income from which would, in the opinion of the Commissioner, be excepted assessable income in relation to the minor.
 (6) Subject to subsection (7), if any 2 or more parties to:
 (a) the derivation of the excepted assessable income mentioned in subsection (2); or
 (b) any act or transaction directly or indirectly connected with the derivation of that excepted assessable income;
were not dealing with each other at arm's length in relation to the derivation, or in relation to the act or transaction, the excepted assessable income is only so much (if any) of that income as would have been derived if they had been dealing with each other at arm's length in relation to the derivation, or in relation to the act or transaction.
 (7) Subsection (2) does not apply in relation to assessable income derived by a person directly or indirectly under or as a result of an agreement that was entered into or carried out by any person (whether before or after the commencement of this subsection) for the purpose, or for purposes that included the purpose, of securing that that assessable income would not be eligible assessable income.
 (8) In determining whether subsection (7) applies in relation to an agreement, no regard shall be had to a purpose that is a merely incidental purpose.
 (9) Where:
 (a) any assessable income is derived by a person from the investment of any property transferred to the person by way of, or in satisfaction of a claim for, damages in respect of:
 (i) loss by the person of parental support; or
 (ii) personal injury to the person, any disease suffered by the person or any impairment of the person's physical or mental condition; and
 (b)