Document ID: chunk:federal_register_of_legislation:F2015L00068:front:0:p40
Version: federal_register_of_legislation:F2015L00068
Segment Type: other
Provision Reference: 
Character Range: 103108–105825

is not a member of a couple.

 (2) The Commission must take into account whether the individual was the only attributable stakeholder of the company or trust, either before or after the transfer.

8 Transferor as member of couple

 (1) This section applies to an individual who is a member of a couple.

 (2) The Commission must take into account whether:
 (a) the individual was the only attributable stakeholder of the company or trust, either before or after the transfer; or
 (b) both members of the couple were the only attributable stakeholders of the company or trust, either before or after the transfer.

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

 (1) This section applies if, in relation to a transfer of property to a company or trust:
 (a) the transfer is made by an attributable stakeholder of the company or trust; and
 (b) before the transfer, there were 2 or more attributable stakeholders of the company or trust.

 (2) This section also applies if, in relation to a transfer of property to a company or trust:
 (a) the transfer is made by an attributable stakeholder of the company or trust; and
 (b) after the transfer, there were 2 or more attributable stakeholders of the company or trust.

 (3) The Commission must take into account the income attribution percentage of each attributable stakeholder of the recipient company or recipient trust, before and after the transfer of the property.

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

 (1) This section applies if, in relation to a transfer of property to a company or a trust:
 (a) the transfer is made by an individual who is not an attributable stakeholder of the company or trust; and
 (b) as a result of the transfer, the individual is an attributable stakeholder.

 (2) The Commission must take into account the income attribution percentage of each attributable stakeholder of the company or trust, before and after the transfer of the property.

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

11 Purpose of Part 3

  This Part sets out decision-making principles with which the Commission must comply in making a determination for subsection 52ZZZC (3) of the Act.

12 Disposal to attributable stakeholder

  The Commission must take into account whether, in relation to a transfer of ordinary income of a company or trust in accordance with subsection 52ZZZC (1) of the Act, the transfer is to an individual who is an attributable stakeholder of the company or trust.

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

13 Purpose of Part 4

  This Part sets out decision-making