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PAYROLL TAX ACT 2007 - SECT 72
Groups of commonly controlled businesses
72 Groups of commonly controlled businesses
(1) If a person or set of persons has a controlling interest in each of 2
businesses, the persons who carry on those businesses constitute a group.
Note-: Section 79 (Exclusion of persons from groups) allows the Chief
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, a person or set of persons has a controlling interest in a
business if- (a) in the case of 1 person-the person is the sole owner (whether
or not as trustee) of the business, or
(b) in the case of a set of
persons-the persons are together as trustees the sole owners of the business,
or
(c) in the case of a business carried on by a corporation- (i) the person
or each of the set of persons is a director of the corporation and the person
or set of persons is entitled to exercise more than 50% of the voting power at
meetings of the directors of the corporation, or
(ii) a director or set of
directors of the corporation that is entitled to exercise more than 50% of the
voting power at meetings of the directors of the corporation is under an
obligation, whether formal or informal, to act in accordance with the
direction, instructions or wishes of that person or set of persons, or
(d) in
the case of a business carried on by a body corporate or unincorporate-that
person or set of persons constitute more than 50% of the board of management
(by whatever name called) of the body or control the composition of that
board, or
(e) in the case of a business carried on by a corporation that has
a share capital-that person or set of persons can, directly or indirectly,
exercise, control the exercise of, or substantially influence the exercise of,
more than 50% of the voting power attached to the voting shares, or any class
of voting shares, issued by the corporation, or
(f) in the case of a business
carried on by a partnership-that person or set of persons- (i) own (whether
beneficially or not) more than 50% of the capital of the partnership, or
(ii)
is entitled (whether beneficially or not) to more than 50% of the profits of
the partnership, or
(g) in the case of a business carried on under a
trust-the person or set of persons (whether or not as a trustee of, or
beneficiary under, another trust) is the beneficiary in respect of more than
50% of the value of the interests in the first-mentioned trust.
(3) If- (a) 2
corporations are related bodies corporate within the meaning of the
Corporations Act 2001 of the Commonwealth, and
(b) 1 of the corporations has
a controlling interest in a business,
the other corporation has a
controlling interest in the business.
(4) If- (a) a person or set of persons
has a controlling interest in a business, and
(b) a person or set of persons
who carry on the business has a controlling interest in another business,
the
person or set of persons referred to in paragraph (a) has a
controlling interest in that other business.
(5) If- (a) a person or set of
persons is the beneficiary of a trust in respect of more than 50% of the value
of the interests in the trust, and
(b) the trustee of the trust (whether
alone or together with another trustee or trustees) has a controlling interest
in the business of another trust,
the person or set of persons has a
controlling interest in the business.
(6) A person who may benefit from a
discretionary trust as a result of the trustee or another person, or the
trustee and another person, exercising or failing to exercise a power or
discretion, is taken, for the purposes of this Part, to be a beneficiary in
respect of more than 50% of the value of the interests in the trust.
(7) If-
(a) a person or set of persons has a controlling interest in the business of a
trust, and
(b) the trustee of the trust (whether alone or together with
another trustee or trustees) has a controlling interest in the business of a
corporation,
the person or set of persons is taken to have a
controlling interest in the business of the corporation.
(8) If- (a) a person
or set of persons has a controlling interest in the business of a trust, and
(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.
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