Document ID: chunk:federal_register_of_legislation:C2025C00029:section:3:p28
Version: federal_register_of_legislation:C2025C00029
Segment Type: section
Provision Reference: s 3 (pt 28/32)
Character Range: 7262071–7264758

associate entities (the relevant entity), has the power to obtain the beneficial enjoyment of the trust's capital or income (whether or not by exercising its power of appointment or revocation, and whether with or without another entity's consent); or
 (b) the relevant entity is able to control the application of the trust's capital or income in any manner (whether directly or indirectly); or
 (c) the relevant entity is able to do a thing mentioned in paragraph (a) or (b) under a *scheme; or
 (d) a trustee of the trust is accustomed or is under an obligation (whether formally or informally), or might reasonably be expected, to act in accordance with the relevant entity's directions, instructions or wishes; or
 (e) the relevant entity is able to remove or appoint a trustee of the trust.

Exception
 (3) Despite subsection (1), a trust is not an FCAT at a particular time if, at that time:
 (a) the trust would, apart from this subsection, be an FCAT only because of paragraph (1)(a) or (b); but
 (b) the total of the following interests would be less than 20% if paragraphs 820‑875(2)(a) and (b) were disregarded:
 (i) the *TC direct control interest in the trust held by the *foreign entity or entities mentioned in paragraph (1)(a), (b) or (c);
 (ii) the *TC indirect control interest in the trust held by the foreign entity or entities;
 (iii) the TC direct control interests in the trust held by any *associate entities of the foreign entity or entities (other than any TC direct control interests that have been taken into account in calculating the interest mentioned in subparagraph (ii));
 (iv) the TC indirect control interests in the trust held by the entity's associate entities (other than any TC indirect control interests that have been taken into account in calculating the interest mentioned in subparagraph (ii)).
Note: Paragraphs 820‑875(2)(a) and (b) set out special rules under which an entity is taken to hold a TC control tracing interest in another entity that is equal to 100%, which could then be taken into account in calculating a TC indirect control interest.

820‑795  What is a foreign controlled Australian partnership?

Corporate limited partnership
 (1) A *corporate limited partnership is a foreign controlled Australian partnership (or an FCAP) at a particular time if, and only if, at that time:
 (a) it is an *Australian entity; and
 (b) at least one of the following subparagraphs applies to it:
 (i) not more than 5 *foreign entities (each of which holds a *TC control interest in the partnership that is at least 1%) hold a total of TC control interests in the partnership that are 50% or more;
 (ii) at least one *general partner of the