Document ID: chunk:federal_register_of_legislation:F2025L00245:reg:2:p4
Version: federal_register_of_legislation:F2025L00245
Segment Type: reg
Provision Reference: reg 2 (pt 4/5)
Character Range: 8674–11809

an attributable stakeholder of the company or trust that owns the asset.

        (2) If the asset is owned by a trust that is a concessional primary production trust in relation to the individual, the Commission must consider whether it is likely that, but for the fact that the trust is a concessional primary production trust in relation to the individual, the individual would be considered to be an attributable stakeholder of the trust.

        (3) In considering the matters mentioned in subsections (1) and (2), the Commission must have regard to the decision-making principles set out in the Veterans' Entitlements (Attributable Stakeholders and Attribution Percentages) Principles 2025, part 2 (Determination that individual is not attributable stakeholder).

Part 5 Determining adjusted net value of asset controlled by individual—Act, subparagraphs 52ZZZK(2)(a)(ii) and (b)(ii)

       12  Purpose—pt 5

         This Part sets out decision-making principles with which the Commission must comply in making a determination under the Act, subparagraph 52ZZZK(2)(a)(ii) or (b)(ii) that a specified percentage, lower than 100%, is the adjusted net value of an asset controlled by an individual.

       13  Is the individual an attributable stakeholder?

        (1) The Commission must consider whether it is likely that the individual would be considered to be an attributable stakeholder of the company or trust that owns the asset.

        (2) If the asset is owned by a trust that is a concessional primary production trust in relation to the individual, the Commission must consider whether it is likely that, but for the fact that the trust is a concessional primary production trust in relation to the individual, the individual would be considered to be an attributable stakeholder of the trust.

        (3) If the Commission considers that it is likely that the individual would be considered to be an attributable stakeholder of the company or trust that owns the asset, the Commission must consider the percentage that would be likely to be the individual's asset attribution percentage in relation to the company or trust.

        (4) In considering the matters mentioned in subsections (1) and (2), the Commission must have regard to the decision-making principles set out in the Veterans' Entitlements (Attributable Stakeholders and Attribution Percentages) Principles 2025, part 2 (Determination that individual is not attributable stakeholder).

        (5) In considering the matter mentioned in subsection (3), the Commission must have regard to the decision-making principles set out in the Veterans' Entitlements (Attributable Stakeholders and Attribution Percentages) Principles 2025, part 3 (Determination of asset attribution percentage).

Part 6 Determining percentage of net income of primary production enterprise—Act, subparagraphs 52ZZZL(1)(b)(ii) and (c)(ii)

       14  Purpose—pt 6

         This Part sets out decision-making principles with which the Commission must comply in making:
           (a) a determination under the Act, subparagraph 52ZZZL(1)(b)(ii) that, for a particular tax