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Payroll Tax Act 1971
sec.74DWho are related persons
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### sec.74D Who are related persons
Persons are related persons if they are any of the following—
individuals, if—
1 is the spouse of the other; or
the relationship between them is that of parent and child, brothers, sisters, or brother and sister;
private companies that are related bodies corporate;
an individual and a private company, if the individual is a majority shareholder or director of—
the company; or
another private company that is a related body corporate of the company;
an individual and a trustee of a trust, other than a public unit trust scheme, of which the individual is a beneficiary;
a private company and a trustee of a trust, other than a public unit trust scheme, if the company, or a majority shareholder or director of the company, is a beneficiary of the trust.
In this section—
de facto partner means 1 of 2 persons who is a de facto partner within the meaning of the Acts Interpretation Act 1954 , section 32DA , if—
the persons are living, and for at least 2 years have lived, together as a couple on a genuine domestic basis within the meaning of the Acts Interpretation Act 1954 , section 32DA ; or
the persons are not living, but for at least 2 years were living, together as a couple on a genuine domestic basis within the meaning of the Acts Interpretation Act 1954 , section 32DA .
spouse includes a de facto partner and a civil partner.
s 74D ins 2008 No. 16 s 15
amd 2011 No. 46 s 67 ; 2012 No. 12 s 59 sch pt 3 ; 2015 No. 33 s 52 (3) sch pt 3
(sec.74D-ssec.1) Persons are related persons if they are any of the following— individuals, if— 1 is the spouse of the other; or the relationship between them is that of parent and child, brothers, sisters, or brother and sister; private companies that are related bodies corporate; an individual and a private company, if the individual is a majority shareholder or director of— the company; or another private company that is a related body corporate of the company; an individual and a trustee of a trust, other than a public unit trust scheme, of which the individual is a beneficiary; a private company and a trustee of a trust, other than a public unit trust scheme, if the company, or a majority shareholder or director of the company, is a beneficiary of the trust.
(sec.74D-ssec.2) In this section— de facto partner means 1 of 2 persons who is a de facto partner within the meaning of the Acts Interpretation Act 1954 , section 32DA , if— the persons are living, and for at least 2 years have lived, together as a couple on a genuine domestic basis within the meaning of the Acts Interpretation Act 1954 , section 32DA ; or the persons are not living, but for at least 2 years were living, together as a couple on a genuine domestic basis within the meaning of the Acts Interpretation Act 1954 , section 32DA . spouse includes a de facto partner and a civil partner.
- (a) individuals, if— (i) 1 is the spouse of the other; or (ii) the relationship between them is that of parent and child, brothers, sisters, or brother and sister;
- (i) 1 is the spouse of the other; or
- (ii) the relationship between them is that of parent and child, brothers, sisters, or brother and sister;
- (b) private companies that are related bodies corporate;
- (c) an individual and a private company, if the individual is a majority shareholder or director of— (i) the company; or (ii) another private company that is a related body corporate of the company;
- (i) the company; or
- (ii) another private company that is a related body corporate of the company;
- (d) an individual and a trustee of a trust, other than a public unit trust scheme, of which the individual is a beneficiary;
- (e) a private company and a trustee of a trust, other than a public unit trust scheme, if the company, or a majority shareholder or director of the company, is a beneficiary of the trust.
- (i) 1 is the spouse of the other; or
- (ii) the relationship between them is that of parent and child, brothers, sisters, or brother and sister;
- (i) the company; or
- (ii) another private company that is a related body corporate of the company;
- (a) the persons are living, and for at least 2 years have lived, together as a couple on a genuine domestic basis within the meaning of the Acts Interpretation Act 1954 , section 32DA ; or
- (b) the persons are not living, but for at least 2 years were living, together as a couple on a genuine domestic basis within the meaning of the Acts Interpretation Act 1954 , section 32DA .