Document ID: chunk:federal_register_of_legislation:C2010C00603:clause:3_4:p6
Version: federal_register_of_legislation:C2010C00603
Segment Type: clause
Provision Reference: sch 3 cl 4 (pt 6/8)
Character Range: 97298–99941

the notice mentioned in paragraph (1)(e) is given.

 (3) The amount that the *controller (for imputation purposes) is liable to pay under subsection (1) must not exceed the total amount or value of the benefit that the controller and its *associates obtained from the *distribution event or *arrangement.

 (4) The total of:
 (a) the amounts that the Commissioner recovers under subsection (1) in relation to the refund from all of the controlled entity's *controllers (for imputation purposes); and
 (b) the amounts that the Commissioner recovers in relation to the refund from the controlled entity;
must not exceed the amount that the controlled entity was liable to pay as mentioned in paragraph (1)(d).

Controller of a company

 (5) An entity is a controller (for imputation purposes) of a company if the entity is a *controller of the company (for CGT purposes).

Controller of an entity other than a company—basic meaning

 (6) Subject to subsections (7) and (8), an entity is a controller (for imputation purposes) of an entity other than a company (the controlled entity) if:
 (a) a group in relation to the entity has the power, by means of the exercise of a power of appointment or revocation or otherwise, to obtain beneficial enjoyment (directly or indirectly) of the capital or income of the controlled entity; or
 (b) a group in relation to the entity is able (directly or indirectly) to control the application of the capital or income of the controlled entity; or
 (c) a group in relation to the entity is capable, under a *scheme, of gaining the beneficial enjoyment mentioned in paragraph (a) or the control mentioned in paragraph (b); or
 (d) the controlled entity or, if the controlled entity is a trust, the trustee of the trust:
 (i) is accustomed; or
 (ii) is under an obligation; or
 (iii) might reasonably be expected;
  to act in accordance with the directions, instructions or wishes of a group in relation to the entity; or
 (e) if the controlled entity is a trust—a group in relation to the entity is able (directly or indirectly) to remove or appoint the trustee of the trust; or
 (f) a group in relation to the entity has more than a 50% stake in the income or capital of the controlled entity; or
 (g) entities in a group in relation to the entity are the only entities that, under the terms of:
 (i) the constitution of the controlled entity or the terms on which the 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