9Distribution made to partner who is not attributable stakeholder

9 Distribution made to partner who is not attributable stakeholder

(1) This section applies if, in respect of an individual, the following circumstances exist:

(a) the individual is a member of a couple;

(b) the individual is an attributable stakeholder of a company or trust, but the individual’s partner is not an attributable stakeholder of the company or trust;

(c) during a derivation period of the company or trust, the individual:

(i) may, or may not, receive a distribution from the company or trust; but

(ii) is taken to receive an amount of attributable income during the attribution period that relates to the derivation period;

(d) during the derivation period mentioned in paragraph (c), the individual’s partner receives a distribution from the company or trust.

(2) The Commission must consider determining that an amount equal to the amount of the distribution received by the partner is excluded income in relation to the attributable stakeholder.