Document ID: chunk:federal_register_of_legislation:C2010C00603:clause:3_4:p7
Version: federal_register_of_legislation:C2010C00603
Segment Type: clause
Provision Reference: sch 3 cl 4 (pt 7/8)
Character Range: 99703–102391

controlled entity is established; or
 (ii) if the controlled entity is a trust—the terms of the trust;
  can obtain the beneficial enjoyment of the income or capital of the controlled entity.

Group in relation to an entity

 (7) For the purposes of subsection (6), each of the following constitutes a group in relation to an entity:
 (a) the entity acting alone;
 (b) an *associate of the entity acting alone;
 (c) the entity and one or more associates of the entity acting together;
 (d) 2 or more associates of the entity acting together.

Commissioner's power to take an entity not to be a controller (for imputation purposes)

 (8) If:
 (a) at a particular time, an entity (the first entity) would, but for this subsection, be a *controller (for imputation purposes) of an entity other than a company (the second entity); and
 (b) the Commissioner, having regard to all relevant circumstances, considers that it is reasonable that the first entity be taken not to be such a controller of the second entity at the particular time;
the first entity is taken not to be a controller (for imputation purposes) of the second entity at the particular time.

 (9) Without limiting paragraph (8)(b), if the second entity is a trust, the Commissioner may have regard under that paragraph to the identity of the beneficiaries of the trust at any time (whether before or after the first entity began to be a *controller (for imputation purposes) of the second entity).

207‑132  Treatment of benefits provided by an entity to a controller

 (1) This section applies in relation to a benefit (the relevant benefit) given by an entity to a *controller (for imputation purposes) of the entity, or to an *associate of such a controller, if:
 (a) the controller or associate:
 (i) makes a *franked distribution to the entity; or
 (ii) is the trustee of the trust in relation to which a *trust share amount of the entity arises in relation to a franked distribution that *flows indirectly to the entity; and
 (b) the benefit is, or was, given to the controller or associate at any time during the period that starts 3 years before, and ends 3 years after, the distribution is made or the trust share amount arises (as appropriate).

 (2) For the purposes of paragraph 207‑120(2)(d), the controller or *associate is taken to have obtained the relevant benefit because of a *distribution event in relation to the *franked distribution or *trust share amount.

 (3) For the purposes of paragraph 207‑130(1)(c), and at least to the extent of the relevant benefit, the controller or *associate is taken to have benefited from a *distribution event or *arrangement that caused section 207‑120 to apply in