Disposal of ordinary income
48 Disposal of ordinary income
For the purposes of this Act, a person disposes of ordinary income of the person if the person engages in a course of conduct that diminishes, directly or indirectly, the rate of the person’s ordinary income and either:
the person receives no consideration in money or money’s worth for the diminution; or
the person receives inadequate consideration in money or money’s worth for the diminution; or
the Commission is satisfied that the purpose, or the dominant purpose, of the person in engaging in that course of conduct was:
to obtain or enable the person’s partner to obtain a service pension, income support supplement, a veteran payment or a social security pension or benefit; or
to obtain or enable the person’s partner to obtain a service pension, income support supplement, a veteran payment or a social security pension or benefit at a higher rate than that which would otherwise have been payable; or
to ensure that the person or the person’s partner would be eligible for benefits under Division 12 of this Part or fringe benefits under the Social Security Act.
For amount of disposition see section 48A.
Subsection (1) does not apply to a course of conduct consisting of the provision of short‑term or long‑term residential accommodation to a family member of the person for no payment or payment less than the market value of the provision of the accommodation.
For family member see subsection 5L(1).
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