S 73L repealed by No 93 of 2011, s 3 and Sch 3 item 44, effective 8 September 2011. For application, savings and transitional provisions see note under s
82KZLB
. S 73L formerly read:
SECTION 73L GROUPED TAXPAYERS
73L(1)
A person is grouped with another person at a time in a year of income if, at that time:
(a)
either person controls the other person in the way described in this section; or
(b)
both persons are controlled in that way by the same third person; or
(c)
the persons are affiliates of each other.
73L(2)
This section applies to a person that directly controls a second person as if the first person also controlled any other person that is directly, or indirectly by any other application or applications of this section, controlled by the second person.
73L(3)
Individuals, companies and fixed trusts.
A person controls another person if the first person, its affiliates or the first person together with the first person's affiliates:
(a)
legally or beneficially own, or have the right to acquire the legal or beneficial ownership of, interests in the other person that carry between them the right to receive more than 50% of any distribution of income or capital by the other person; or
(b)
if the other person is a company
-
legally or beneficially own, or have the right to acquire the legal or beneficial ownership of, interests in the company that carry between them the right to exercise, or control the exercise of, more than 50% of the voting power in the company.
73L(4)
Non-fixed trust estates.
A person controls a trust estate that is not a fixed trust estate if:
(a)
the trustee has made a distribution, in any of the last 4 years of income (except the tax offset year) of $100,000 or more to the person, the person's affiliates or the person together with the person's affiliates; or
(b)
the person, the person's affiliates or the person together with the person's affiliates:
(i)
have the power, directly or indirectly, to obtain the beneficial enjoyment of any of the capital or income of the trust estate; or
(ii)
are capable of gaining that enjoyment under an agreement; or
(c)
a trustee of the trust estate is accustomed or under an obligation (whether formal or informal), or might reasonably be expected, to act in accordance with the directions, instructions or wishes of the person, the person's affiliates or the person together with the person's affiliates.
73L(5)
Partnerships.
A person controls a partnership if the person, the person's affiliates or the person together with the person's affiliates have the right to more than 50% of the partnership net income, or have more than a 50% interest in assets used in the partnership business (except assets that are leased to the partnership).
73L(6)
A partnership (the
controller
) controls another person if a partner in the controller, or 2 or more partners in the controller, have the right to receive more than 50% of the partnership net income, or have more than a 50% interest in assets used in the partnership business, and:
(a)
if the other person is a company
-
the same partner, or the same 2 or more partners, have the right to receive more than 50% of any distribution of income or capital by the company, or to exercise, or to control the exercise of, more than 50% of the voting power in the company; or
(b)
if the other person is a fixed trust estate
-
the same partner, or the same 2 or more partners, have the right to receive more than 50% of any distribution of income or capital by the trustee; or
(c)
if the other person is a trust estate that is not a fixed trust estate
-
a condition in a paragraph of subsection (4) is satisfied for the same partner, or the same 2 or more partners in relation to the trust estate; or
(d)
if the other person is a partnership
-
the same partner, or the same 2 or more partners, have the right to receive more than 50% of the partnership net income, or have more than a 50% interest in assets used in the partnership business, of the partnership.
S 73L inserted by No 170 of 2001.
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