Document ID: chunk:federal_register_of_legislation:C2025C00162:clause:1a_1208u:p3
Version: federal_register_of_legislation:C2025C00162
Segment Type: clause
Provision Reference: sch 1A cl 1208U (pt 3/4)
Character Range: 2610480–2612996

vary a provision covered by paragraph (i), (j) or (k); and
 (m) at the test time, neither the individual, nor the individual's spouse, is able to vary the trust deed; and
 (n) at the test time, neither the individual, nor the individual's spouse:
 (i) benefits or is capable (whether by the exercise of a power of appointment or otherwise) of benefiting under the trust, either directly or through any interposed companies, business partnerships or trusts; or
 (ii) receives any remuneration or other benefits from the trust otherwise than in the capacity of beneficiary of the trust.
 (2) For the purposes of the application of paragraphs (1)(e) and (f) to a particular tax year, a person is the individual's spouse if, and only if:
 (a) the person was the spouse of the individual at any time during the tax year; and
 (b) the person is the spouse of the individual at the test time.
 (3) In making a determination under paragraph (1)(f), the Secretary must comply with any relevant decision‑making principles.
 (3A) For the purposes of paragraph (1)(h), an eligible descendant, in relation to a person, is:
 (a) a child, step‑child or adopted child of the person or of a partner of the person; or
 (b) a descendant in direct line of a child described in paragraph (a); or
 (c) any other person who, in the opinion of the Secretary, should be treated for the purposes of this definition as a person described in paragraph (a) or (b).
 (4) Paragraph (1)(n) does not apply to any of the following benefits:
 (a) food that:
 (i) is derived from the first primary production enterprise; and
 (ii) is for the personal consumption of the individual or the individual's spouse;
 (b) residential accommodation for the individual or the individual's spouse, where that accommodation is the principal home of the individual;
 (c) if paragraph (b) applies—water, fuel, gas or electricity for use in that residential accommodation;
 (d) any other non‑cash benefit that is minor and provided on a basis that is infrequent and irregular.
 (5) Subparagraph (1)(n)(ii) has effect subject to section 1208V.
 (6) For the purposes of this section, the primary production attribution threshold is $750,000.
 (7) A reference in this section to a group in relation to an individual is a reference to:
 (a) the individual acting alone; or
 (b) an associate of the individual acting alone; or
 (c) the individual and one or more associates of the individual acting together; or
 (d) 2 or more associates of the individual acting together.