Document ID: chunk:federal_register_of_legislation:C2025C00014:section:317:p3
Version: federal_register_of_legislation:C2025C00014
Segment Type: section
Provision Reference: s 317 (pt 3/12)
Character Range: 1826600–1829155

under a law of a State or Territory prescribed for the purposes of section 2E of the Acts Interpretation Act 1901 as a kind of relationship prescribed for the purposes of that section; or
 (b) a relationship between 2 persons (whether of the same sex or different sexes) who, although not legally married to each other, live with each other on a genuine domestic basis in a relationship as a couple.
depreciation provision means:
 (a) any of former sections 54 to 62 of Division 3 of Part III of this Act, any provision of former Divisions 10, 10AAA, 10AA, 10A, 10C and 10D of that Part; or
 (b) any provision of Division 40 of the Income Tax Assessment Act 1997 (other than Subdivision 40‑E) or of Division 43 of that Act; or
 (c) any provision of the former Division 42 of that Act (other than Subdivisions 42‑L and 42‑M), or the former Subdivisions 330‑A, 330‑C, 330‑H and 387‑G of that Act.
designated concession income, in relation to a listed country, means:
 (a) income or profits of a kind specified in the regulations if:
 (i) foreign tax imposed by a tax law of the country is not payable in respect of the income or profits because of a particular feature; or
 (ii) foreign tax imposed by a tax law of the country is payable in respect of the income or profits but there is a feature in relation to that tax;
  and the feature is of a kind specified in the regulations; or
 (b) capital gains that would be made because of CGT event J1, if the assumptions in paragraphs 383(a) to (c) applied.
Note 1: CGT event J1 is about companies ceasing to be related after a roll‑over.
Note 2: Basically, the effect of those assumptions is that the company concerned is taken to be a taxpayer and a resident and CGT event J1 may therefore be taken to have happened.
direct attribution account interest has the meaning given by section 366.
direct attribution interest has the meaning given by section 356.
direct control interest:
 (a) in relation to a company—has the meaning given by section 350;
 (b) in relation to a trust—has the meaning given by section 351.
discretionary trust means a trust where:
 (a) both of the following conditions are satisfied:
 (i) a person (who may include the trustee) is empowered (either unconditionally or on the fulfilment of a condition) to exercise any power of appointment or other discretion;
 (ii) the exercise of the power or discretion, or the failure to exercise the power or discretion, has the effect of determining, to any extent, either or both of the following:
 (A) the identities of those who may benefit