Document ID: chunk:federal_register_of_legislation:F2015L00068:front:0:p49
Version: federal_register_of_legislation:F2015L00068
Segment Type: other
Provision Reference: 
Character Range: 125399–128203

in relation to the individual, the Commission must consider whether it is likely that, but for the fact that the trust is a concessional primary production trust in relation to the individual, the individual would be considered to be an attributable stakeholder of the trust.

 (3) If the Commission considers that it is likely that the individual would be considered to be an attributable stakeholder of the company or trust that carries on the primary production enterprise, the Commission must consider the percentage that would be likely to be the individual's income attribution percentage in relation to the company or trust.

 (4) In considering the matters mentioned in subsections (1) and (2), the Commission must have regard to the decision-making principles set out in Part 2 of the Veterans' Entitlements (Attributable Stakeholders and Attribution Percentages) Principles 2001.

 (5) In considering the matter mentioned in subsection (3), the Commission must have regard to the decision-making principles set out in Part 4 of the Veterans' Entitlements (Attributable Stakeholders and Attribution Percentages) Principles 2001.

Part 2 Disposal of ordinary income (on or after 1 January 2002) by individual

5 Purpose of Part 2

  This Part sets out decision-making principles with which the Commission must comply in making a determination for subsection 52ZZZB (1) of the Act.

6 Definitions

  In this Part:
individual means an individual who transfers property to a company or trust in accordance with subsection 52ZZZB (1) of the Act.

7 Transferor as sole attributable stakeholder

 (1) This section applies to an individual who is not a member of a couple.

 (2) The Commission must take into account whether the individual was the only attributable stakeholder of the company or trust, either before or after the transfer.

8 Transferor as member of couple

 (1) This section applies to an individual who is a member of a couple.

 (2) The Commission must take into account whether:
 (a) the individual was the only attributable stakeholder of the company or trust, either before or after the transfer; or
 (b) both members of the couple were the only attributable stakeholders of the company or trust, either before or after the transfer.

9 Transfer to company or trust with 2 or more attributable stakeholders

 (1) This section applies if, in relation to a transfer of property to a company or trust:
 (a) the transfer is made by an attributable stakeholder of the company or trust; and
 (b) before the transfer, there were 2 or more attributable stakeholders of the company or trust.

 (2) This section also applies if, in relation to a transfer of property to a company or trust:
 (a) the transfer is made by an attributable stakeholder of the company or trust; and
 (b)