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SOCIAL SECURITY ACT 1991 - SECT 1209

Adjusted net primary production income

             (1)  For the purposes of this Division, the adjusted net primary production income of an individual for a particular tax year is the sum of:

                     (a)  if the individual carried on a primary production enterprise throughout that tax year--100% of the net income of that primary production enterprise for that tax year; and

                     (b)  if a company carried on a primary production enterprise throughout that tax year and the company was a controlled private company in relation to the individual throughout that tax year:

                              (i)  100% of the net income of that primary production enterprise for that tax year; or

                             (ii)  if the Secretary, by writing, determines a lower percentage in relation to the individual and the enterprise--that lower percentage of the net income of that primary production enterprise for that tax year; and

                     (c)  if a trust carried on a primary production enterprise throughout that tax year and the trust was a controlled private trust in relation to the individual throughout that tax year:

                              (i)  100% of the net income of that primary production enterprise for that tax year; or

                             (ii)  if the Secretary, by writing, determines a lower percentage in relation to the individual and the enterprise--that lower percentage of the net income of that primary production enterprise for that tax year; and

                     (d)  if:

                              (i)  a business partnership carried on a primary production enterprise throughout that tax year; and

                             (ii)  the individual was a partner in the partnership throughout that tax year;

                            the individual's share of the net income of that primary production enterprise for that tax year.

             (2)  In making a determination under this section, the Secretary must comply with any relevant decision‑making principles.



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