Document ID: chunk:federal_register_of_legislation:C2005C00508:clause:2_52zzzc:p2
Version: federal_register_of_legislation:C2005C00508
Segment Type: clause
Provision Reference: sch 2 cl 52ZZZC (pt 2/2)
Character Range: 177061–179155

or trust (who may be the first‑mentioned stakeholder) or for a relative of an attributable stakeholder of the company or trust; and
 (c) in the case of a company—the disposal is not by way of making a distribution of capital or profits of the company to a shareholder of the company; and
 (d) in the case of a trust—the disposal is not by way of:
 (i) making a distribution (whether in money or in other property) to a beneficiary of the trust; or
 (ii) crediting an amount to a beneficiary of the trust.

 (7) If a company or trust disposes of ordinary income as mentioned in subsection (6), the amount of the disposition is:
 (a) if the company or trust receives no consideration for the destruction, disposal or diminution—the annual rate of the diminution of the income because of the destruction, disposal or diminution; or
 (b) if the company or trust receives consideration for the destruction, disposal or diminution—the annual rate of the diminution of the income because of the destruction, disposal or diminution less the part (if any) of the consideration that the Commission considers to be fair and reasonable in all the circumstances of the case.

Obtaining an income support advantage

 (8) For the purposes of this section, an entity has a purpose of obtaining an income support advantage for an individual (who may be the entity) if the entity has a purpose of:
 (a) enabling the individual to obtain any of the following:
 (i) a service pension;
 (ii) income support supplement;
 (iii) a social security pension;
 (iv) a social security benefit; or
 (b) enabling the individual to obtain any of the following at a higher rate than would otherwise have been payable:
 (i) a service pension;
 (ii) income support supplement;
 (iii) a social security pension;
 (iv) a social security benefit; or
 (c) ensuring that the individual would be eligible for benefits under Division 12 of this Part or fringe benefits under the Social Security Act.

Ordinary income

 (9) In this section:

ordinary income, in relation to a company or trust, has the same meaning as in Subdivision G.