Document ID: chunk:federal_register_of_legislation:F2015L00068:front:0:p33
Version: federal_register_of_legislation:F2015L00068
Segment Type: other
Provision Reference: 
Character Range: 85390–88310

period of a specified company or trust in relation to an attributable stakeholder of the company or trust.

 (2) The derivation period must be a period that is determined having regard to the following matters:
 (a) the ordinary income of the company or trust for a derivation period referred to in subsection 52ZZP (1) of the Act;
 (b) the ordinary income of the company or trust for any other period or periods that may reasonably be regarded as typical earning periods for the company or trust;
 (c) any circumstances affecting the company or trust during the periods referred to in paragraphs (a) and (b);
 (d) whether, having regard to any circumstances referred to in paragraph (c), it is appropriate to use a derivation period different from the derivation period referred to in subsection 52ZZP (1) of the Act.

Part 5 Determination of attribution period (Act s 52ZZQ)

20 Attribution period must reflect typical circumstances

 (1) This section applies to the determination of an attribution period in relation to:
 (a) a specified individual who is an attributable stakeholder of a specified company or trust; and
 (b) a specified derivation period of the company or trust.

 (2) The attribution period must be a period that is determined having regard to the following matters:
 (a) the ordinary income of the attributable stakeholder for the derivation period;
 (b) the ordinary income of the attributable stakeholder for any other period or periods that may reasonably be regarded as typical earning periods for the attributable stakeholder;
 (c) any circumstances affecting the attributable stakeholder during the periods referred to in paragraphs (a) and (b);
 (d) any circumstances that may reasonably be regarded as likely to affect the ordinary income of the attributable stakeholder.

Schedule 5
Note: the reference to Schedule 5 is not part of the instrument in Schedule 5.

Veterans' Entitlements (Modification of Asset Deprivation Rules) Principles 2002
Instrument 2014 No. R76

Contents

Page
Part 1 Preliminary

 1Name of Principles

 2Commencement

 3Definitions

 4 Purpose

Part 2 Disposal of asset (on or after 1 January 2002) by individual

 5Purpose of Part 2

 6Definitions

 7Transferor as sole attributable stakeholder

 8Transferor as member of couple

 9Transfer to company or trust with 2 or more attributable stakeholders

 10Transfer to company or trust by individual who becomes attributable stakeholder

Part 3 Disposal of asset (on or after 1 January 2002) by company or trust

 11Purpose of Part 3

 12Disposal to individual by company or trust

 13Disposal by way of dividend or distribution to genuine investor

Part 4 Disposal of asset (before 1 January 2002) by attributable stakeholder

 14Purpose of Part 4

 15Definitions

 16Application of asset disposal provisions where value of asset same or greater

 17Application of asset disposal provisions where value