12‑441 Integrity rule—concessional cross staple rent cap
(1) This section applies if:
(a) a *managed investment trust in relation to an income year derives, receives or makes an amount of *excepted MIT CSA income for the income year; and
(b) if the amount is excepted MIT CSA income because of subsection 12‑440(3)—paragraph 12‑440(4)(b) applies (15 year concession); and
(c) the amount of excepted MIT CSA income is, or is attributable to, *rent from land investment under a lease (the cross staple lease) entered into by:
(i) the *asset entity mentioned in paragraph 12‑437(2)(a) (the relevant asset entity); and
(ii) the *operating entity mentioned in paragraph 12‑437(2)(b) (the relevant operating entity).
(2) To the extent (if any) that the amount of the relevant asset entity’s *excepted MIT CSA income exceeds its *concessional cross staple rent cap for the income year, the following provisions do not apply to the amount of the *managed investment trust’s excepted MIT CSA income mentioned in paragraph (1)(a):
(a) subsection 12‑437(5);
(b) subsection 12‑440(3).
(3) If the relevant asset entity is not a *managed investment trust in relation to the income year, for the purposes of subsection (2), treat it as a managed investment trust in relation to the income year.