Document ID: chunk:federal_register_of_legislation:F2025L00233:reg:4a:p7
Version: federal_register_of_legislation:F2025L00233
Segment Type: reg
Provision Reference: reg 4A (pt 7/7)
Character Range: 20218–22359

Part 4 Determination of derivation period (Act, s 52ZZP)

      19  Derivation period must reflect typical income
 (1) This section applies to the determination of a specified period as the derivation 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.