Document ID: chunk:federal_register_of_legislation:C2025C00162:clause:1a_1208r:p2
Version: federal_register_of_legislation:C2025C00162
Segment Type: clause
Provision Reference: sch 1A cl 1208R (pt 2/2)
Character Range: 2600427–2602565

of the company or trust (who may be the first‑mentioned stakeholder) or for a relative of an attributable stakeholder of the company or trust; and
 (c) in the case of a company—the disposal is not by way of making a distribution of capital or profits of the company to a shareholder of the company; and
 (d) in the case of a trust—the disposal is not by way of:
 (i) making a distribution (whether in money or in other property) to a beneficiary of the trust; or
 (ii) crediting an amount to a beneficiary of the trust.
 (7) If a company or trust disposes of ordinary income as mentioned in subsection (6), the amount of the disposition is:
 (a) if the company or trust receives no consideration for the destruction, disposal or diminution—the annual rate of the diminution of the income because of the destruction, disposal or diminution; or
 (b) if the company or trust receives consideration for the destruction, disposal or diminution—the annual rate of the diminution of the income because of the destruction, disposal or diminution less the part (if any) of the consideration that the Secretary considers to be fair and reasonable in all the circumstances of the case.

Obtaining a social security advantage
 (8) For the purposes of this section, an entity has a purpose of obtaining a social security advantage for an individual (who may be the entity) if the entity has a purpose of:
 (a) enabling the individual to obtain any of the following:
 (i) a social security pension;
 (ii) a social security benefit;
 (iii) a service pension;
 (iv) income support supplement;
 (v) a veteran payment; or
 (b) enabling the individual to obtain any of the following at a higher rate than would otherwise have been payable:
 (i) a social security pension;
 (ii) a social security benefit;
 (iii) a service pension;
 (iv) income support supplement;
 (v) a veteran payment; or
 (c) ensuring that the individual would be qualified for fringe benefits for the purposes of this Act or the Veterans' Entitlements Act.

Ordinary income
 (9) In this section:
ordinary income, in relation to a company or trust, has the same meaning as in Division 7.