(b) the trustee of the trust (whether alone or together with another trustee or trustees) has a controlling interest in the business of a partnership— the person or set of persons is taken to have a controlling interest in the business of the partnership. 73 Groups arising from tracing of interests in corporations (1) An entity and a corporation form part of a group if the entity has a controlling interest in the corporation. Note Section 79 (Exclusion of persons from groups) allows the Commissioner, for payroll tax purposes, to exclude persons from a group constituted under this section in certain circumstances. (2) For the purposes of this section, an entity has a in a corporation if the controlling interest corporation has share capital and— (a) the entity has a direct interest in the corporation and the value of that direct interest exceeds 50%; or (b) the entity has an indirect interest in the corporation and the value of that indirect interest exceeds 50%; or (c) the entity has an aggregate interest in the corporation and the value of the aggregate interest exceeds 50%. (3) Division 3 applies for the purposes of the interpretation of this section. Note Division 3 sets out the manner for determining whether an entity has a direct interest, indirect interest or aggregate interest in a corporation, and the value of such an interest.
(b) the trustee of the trust (whether alone or together with another trustee or trustees) has a controlling interest in the business of a partnership— the person or set of persons is taken to have a controlling interest in the business of the partnership. 73 Groups arising from tracing of interests in corporations (1) An entity and a corporation form part of a group if the entity has a controlling interest in the corporation. Note Section 79 (Exclusion of persons from groups) allows the Commissioner, for payroll tax purposes, to exclude persons from a group constituted under this section in certain circumstances. (2) For the purposes of this section, an entity has a controlling interest in a corporation if the corporation has share capital and— (a) the entity has a direct interest in the corporation and the value of that direct interest exceeds 50%; or (b) the entity has an indirect interest in the corporation and the value of that indirect interest exceeds 50%; or (c) the entity has an aggregate interest in the corporation and the value of the aggregate interest exceeds 50%. (3) Division 3 applies for the purposes of the interpretation of this section. Note Division 3 sets out the manner for determining whether an entity has a direct interest, indirect interest or aggregate interest in a corporation, and the value of such an interest.
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