Document ID: chunk:federal_register_of_legislation:C2016C00969:section:3:p2
Version: federal_register_of_legislation:C2016C00969
Segment Type: section
Provision Reference: s 3 (pt 2/4)
Character Range: 5179–7821

to in paragraph (c)) in respect of whom a relevant exempting provision applied in relation to the year of income to which the taxable amount relates;
 (c) a person in the capacity of trustee of a trust estate, being a trust estate that is a provident, benefit, superannuation or retirement fund; or
 (d) a company that is, by virtue of the application of paragraph 103A(2)(c) or subparagraph 103A(2)(d)(i), (iii) or (iv) of the Assessment Act, a public company for the purposes of Division 7 of Part III of that Act in relation to the year of income to which the taxable amount relates.
primary taxable amount, in relation to a person, means an amount that is a primary taxable amount in relation to the person under section 5.
primary trust income, in relation to a primary taxable amount that exists in relation to the trustee of a trust estate, means the income or the part of the income of the trust estate to which the primary taxable amount is attributable.
property includes:
 (a) a chose in action;
 (b) any estate, interest, right or power, whether at law or in equity, in or over property; and
 (c) any right to receive income.
relevant distribution time, in relation to a taxable amount that exists in relation to a company or the trustee of a trust estate, means:
 (a) if the company or trust estate did not exist immediately before the tax avoidance scheme to which the taxable amount relates was entered into—the time when the company or trust estate commenced to exist; or
 (b) in any other case—the time immediately before the time when the tax avoidance scheme to which the taxable amount relates was entered into;
or, if the Commissioner is of the opinion that that time is inappropriate, such later time as the Commissioner determines.
relevant exempting provision has the same meaning as in Division 9C of Part III of the Assessment Act.
right to receive income means a right of a person to have income that will or may be derived (whether from property or otherwise) paid to, or applied or accumulated for the benefit of, the person.
scheme means:
 (a) any agreement, arrangement, understanding, promise or undertaking, whether express or implied, and whether or not enforceable, or intended to be enforceable, by legal proceedings; and
 (b) any scheme, plan, proposal, action, course of action or course of conduct.
secondary taxable amount, in relation to a person or persons, means an amount that is a secondary taxable amount under section 6 in relation to an eligible beneficiaries class in which the person is, or the persons are, included.
taxable amount means a primary taxable amount, a secondary taxable amount,