73Groups arising from tracing of interests in corporations

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. (2) For 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 interpretation of this section. Note for subsection (3) 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. (4) In this section: associated person means a person who is associated with another person in accordance with any of the following provisions: (a) persons are associated persons if they are related persons; (b) individuals are associated persons if they are partners in a partnership; (c) private companies are associated persons if common shareholders have a majority interest in each private company;

Payroll Tax Act 2009 47 (d) trustees are associated persons if any person is a beneficiary common to the trusts (other than a public unit trust scheme) of which they are trustees; (e) a private company and a trustee are associated persons if a related body corporate of the company (within the meaning of the Corporations Act 2001) is a beneficiary of the trust (other than a public unit trust scheme) of which the trustee is a trustee. entity means: (a) a person; or (b) 2 or more persons who are associated persons (as defined in this section). private company means a company that is not limited by shares, or whose shares are not quoted on the Australian Securities Exchange or any exchange of the World Federation of Exchanges. related person means a person who is related to another person in accordance with any of the following provisions: (a) individuals are related persons if: (i) one is the spouse or de facto partner of the other; or (ii) the relationship between them is that of parent and child, brothers, sisters, or brother and sister; (b) private companies are related persons if they are related bodies corporate within the meaning of the Corporations Act 2001; (c) an individual and a private company are related persons if the individual is a majority shareholder or director of the company or of another private company that is a related body corporate of the company within the meaning of the Corporations Act 2001; (d) an individual and a trustee are related persons if the individual is a beneficiary of the trust (not being a public unit trust scheme) of which the trustee is a trustee; (e) a private company and a trustee are related persons if the company, or a majority shareholder or director of the company, is a beneficiary of the trust (not being a public unit trust scheme) of which the trustee is a trustee.