Document ID: chunk:federal_register_of_legislation:C2025C00029:section:4:p22
Version: federal_register_of_legislation:C2025C00029
Segment Type: section
Provision Reference: s 4 (pt 22/30)
Character Range: 7834158–7836962

test day) if:
 (a) on the test day, the dwelling is *taxable Australian real property and is *residential premises that:
 (i) are tenanted or available to be tenanted; and
 (ii) are not *commercial residential premises; and
 (b) on the test day, the tenancy or prospective tenancy of the dwelling is exclusively managed by an *eligible community housing provider; and
 (c) the eligible community housing provider has given each entity that holds an *ownership interest in the dwelling a certificate under section 980‑15 that covers the dwelling for the test day; and
 (d) no entity is entitled to receive an incentive, under the Scheme prescribed for the purposes of Part 2 of the National Rental Affordability Scheme Act 2008, for the dwelling for the NRAS year (within the meaning of that Scheme) that includes the test day; and
 (e) in the case of a *managed investment trust holding an *ownership interest in the dwelling on the test day—none of the tenants or occupants of the dwelling on that day holds an interest in the trust that passes the *non‑portfolio interest test at any time during that day.

980‑10  Eligible community housing providers
 (1) An eligible community housing provider is:
 (a) an entity registered (however described) under an *Australian law as a provider of community housing services; or
 (b) an entity registered (however described) by an *Australian government agency as a provider of community housing services.
 (2) However, an entity that ceases to be covered by subsection (1) continues to be an eligible community housing provider for the 90‑day period starting on the day of the cessation.

980‑15  Affordable housing certificates
  For the purposes of paragraph 980‑5(c), a certificate must:
 (a) include a declaration that the *eligible community housing provider reasonably believes paragraphs 980‑5(a) and (b) to be satisfied for the *dwelling for the test day; and
 (b) be given in the *approved form on or before the 31st day after the end of the income year that contains the test day.

Part 6‑5—Dictionary definitions

Division 995—Definitions

995‑1  Definitions
 (1) In this Act, except so far as the contrary intention appears:
4% build to rent manner has the meaning given by subsection 43‑145(2).
4% manner has the meaning given by section 43‑145.
70% DFE rule has the meaning given by section 394‑35.
95% services indirect value shift has the meaning given by section 727‑700.
100% subsidiary has the meaning given by section 975‑505.
165‑CC tagged asset has the meaning given by section 715‑30.
170‑D deferred loss has the meaning given by section 715‑310.
ABN has the meaning given by the A New Tax System (Australian Business Number) Act 1999.
abnormal trading has the meaning given by Subdivision 960‑H.
above‑average special professional income