Document ID: chunk:federal_register_of_legislation:C2004A00749:clause:6_12:p1
Version: federal_register_of_legislation:C2004A00749
Segment Type: clause
Provision Reference: sch 6 cl 12 (pt 1/2)
Character Range: 58900–61272

12  At the end of Subdivision 48‑A
Add:

48‑15  Relationship of companies and non‑companies in a GST group

 (1) A *company that is a member of a *GST group, or a proposed GST group, satisfies this section if:
 (a) a *partnership, trust or individual that is a member of the GST group or proposed GST group would, if it were another company, have *at least a 90% stake in that company; or
 (b) the company has only one member, and that member:
 (i) is a partner in a partnership that is a member of the GST group or proposed GST group; or
 (ii) is an individual that is a member of the GST group or proposed GST group; or
 (iii) is a *family member of that partner or individual; or
 (c) the company has more than one member, each of whom is:
 (i) a partner in the same partnership that is a member of the GST group or proposed GST group; or
 (ii) a family member of any such partner;
  and one of the following applies:
 (iii) at least 2 of the partners are members of the company;
 (iv) one of the partners is a member of the company, and at least one other member of the company is a family member of a different partner;
 (v) none of the partners is a member of the company, and the members of the company are not all family members of the same partner and no other partner; or
 (d) the company has more than one member, each of whom is:
 (i) an individual who is a member of the GST group or proposed GST group; or
 (ii) a family member of that individual; or
 (e) a trust is a member of the GST group or proposed GST group, and distributions of income or capital of the trust are not made except to an entity that is:
 (i) the company; or
 (ii) any other company that is a member of the GST group or proposed GST group; or
 (iia) a member of, or a family member of a member of, any company referred to in subparagraph (i) or (ii) that is a company to which subsection (1A) applies; or
 (iii) a charitable institution, a trustee of a charitable fund or a *gift‑deductible entity.

 (1A) This subsection applies to a company if:
 (a) the company has only one member; or
 (b) the company has more than one member, and:
 (i) at least 2 of the members are beneficiaries of the trust in question (either directly, or indirectly through one or more interposed trusts); or
 (ii) one of the members is such a beneficiary, and at least one other such beneficiary is a *family