Section 1208C — Social Security Act 1991: Derivation periods

(1) For the purposes of this Part: (a) if a company or trust was in existence throughout a tax year of the company or trust—the tax year is a derivation period of the company or trust; and (b) if a company or trust was in existence during a part of a tax year of the company or trust—that part of the tax year is a derivation period of the company or trust. (2) Subsection (1) has effect subject to subsection (3). (3) The Secretary may, by writing, determine that, for the purposes of the application of this Division to a specified individual and a specified company or trust, a specified period is a derivation period of the company or trust. (4) A determination under subsection (3) has effect accordingly. (5) In making a determination under subsection (3), the Secretary must comply with any relevant decision-making principles. (6) To avoid doubt, for the purposes of the application of this Division to a particular individual and a particular company or trust, it is not necessary that the individual be an attributable stakeholder of the company or trust throughout a derivation period of the company or trust. (7) A derivation period may begin or end before the commencement of this Part.