Section 1209 — Social Security Act 1991: Adjusted net primary production income

(1) For the purposes of this Division, the adjusted net primary production income of an individual for a particular tax year is the sum of: (a) if the individual carried on a primary production enterprise throughout that tax year—100% of the net income of that primary production enterprise for that tax year; and (b) if a company carried on a primary production enterprise throughout that tax year and the company was a controlled private company in relation to the individual throughout that tax year: (i) 100% of the net income of that primary production enterprise for that tax year; or (ii) if the Secretary, by writing, determines a lower percentage in relation to the individual and the enterprise—that lower percentage of the net income of that primary production enterprise for that tax year; and (c) if a trust carried on a primary production enterprise throughout that tax year and the trust was a controlled private trust in relation to the individual throughout that tax year: (i) 100% of the net income of that primary production enterprise for that tax year; or (ii) if the Secretary, by writing, determines a lower percentage in relation to the individual and the enterprise—that lower percentage of the net income of that primary production enterprise for that tax year; and (d) if: (i) a business partnership carried on a primary production enterprise throughout that tax year; and (ii) the individual was a partner in the partnership throughout that tax year; the individual’s share of the net income of that primary production enterprise for that tax year. (2) In making a determination under this section, the Secretary must comply with any relevant decision-making principles.