Document ID: chunk:federal_register_of_legislation:C2025C00162:clause:1a_1207v:p2
Version: federal_register_of_legislation:C2025C00162
Segment Type: clause
Provision Reference: sch 1A cl 1207V (pt 2/3)
Character Range: 2562428–2565012

application of the corpus or income of the trust; or
 (g) a group in relation to the individual was capable under a scheme of gaining the enjoyment or the control referred to in paragraph (e) or (f); or
 (h) a trustee of the trust was accustomed or under an obligation (whether formally or informally) or might reasonably be expected to act in accordance with the directions, instructions or wishes of a group in relation to the individual.
 (2A) For the purposes of paragraph (2)(da), an entity is eligible to receive an application of the corpus or income of the trust if the trustee of the trust has a discretion to make an application of the corpus or income of the trust to the entity.
 (2B) For the purposes of applying paragraph (2)(da) at a particular time, subparagraph (2)(da)(i) is taken to apply at that particular time to the individual if the individual was eligible to receive an application of the corpus or income of the trust at any time during:
 (a) the period beginning at the start of the financial year in which that particular time occurs and ending at that particular time; or
 (b) the preceding financial year.
 (2C) For the purposes of applying paragraph (2)(da) at a particular time, subparagraph (2)(da)(ii) is taken to apply at that particular time to an entity that is an associate of the individual at that particular time if:
 (a) the entity was eligible to receive an application of the corpus or income of the trust at any time during:
 (i) the period beginning at the start of the financial year in which that particular time occurs and ending at that particular time; or
 (ii) the preceding financial year; and
 (b) the entity was an associate of the individual at the time the entity was so eligible.
 (2D) For the purposes of applying paragraph (2)(da) at a particular time, in working out the total number of entities eligible to receive an application of the corpus or income of the trust, take into account an entity that was eligible to receive an application of the corpus or income of the trust at any time during:
 (a) the period beginning at the start of the financial year in which that particular time occurs and ending at that particular time; or
 (b) the preceding financial year.
 (2E) No paragraph of subsection (2) limits any other paragraph of that subsection.

Source test
 (3) For the purposes of this section, an individual passes the source test in relation to a trust if:
 (a) the individual has transferred property or services to the trust after 7.30 pm, by standard time in the Australian Capital Territory, on 9 May 2000;