Document ID: chunk:federal_register_of_legislation:C2025C00014:schedule:2f:p47
Version: federal_register_of_legislation:C2025C00014
Segment Type: schedule
Provision Reference: sch 2F (pt 47/79)
Character Range: 2321034–2323812

family trust election; or
 (b) was, because of an interposed entity election that was in force at the time, included in the family group of the individual (the primary individual) specified in the family trust election.

Second requirement
 (3) When the Commissioner gives the notice:
 (a) if the secondary entity is a partnership—a partner must be a non‑resident; and
 (b) if the secondary entity is a company—the company must be a non‑resident; and
 (c) if the secondary entity is a trust—either:
 (i) a trustee must be a non‑resident; or
 (ii) the central management and control of the trust must be outside Australia.

Third requirement
 (4) The Commissioner must give the notice before the later of:
 (a) 5 years after the conferral or distribution mentioned in subsection (2); and
 (b) the end of the period during which the primary entity is required by section 262A to retain records in relation to the income year in which the conferral or distribution took place.

271‑55  Notice requiring information about non‑resident distributions etc.

Information required
 (1) The notice that the Commissioner may give the company, partnership or trustee if the requirements of subsections 271‑45(2) to (4) or 271‑50(2) to (4) are met must require the company, partners or trustee to give the Commissioner specified information about conferrals of present entitlements to, or distributions of, income or capital since the test time by any company, partnership or trust covered by subsection (2) of this section.

Entities covered
 (2) The following are covered by this subsection:
 (a) the secondary entity; and
 (b) any company in respect of which an interposed entity election had been made to be included in the family group of the primary individual, where the company was a non‑resident, and the election was in force, when the conferral or distribution took place; and
 (c) any partnership in respect of which an interposed entity election had been made to be included in the family group of the primary individual, where any of the partners was a non‑resident, and the election was in force, when the conferral or distribution took place; and
 (d) any trust in respect of which a family trust election specifying the primary individual had been made or in respect of which an interposed entity election had been made to be included in the family group of the primary individual, where, when the conferral or distribution took place, either a trustee was a non‑resident or the trust's central management and control were outside Australia.

Information not within knowledge
 (3) The information need not be within the knowledge of the company, partners or trustee at the time the notice is given.

Period for giving information
 (4) The notice must specify a period within