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FARM HOUSEHOLD SUPPORT ACT 2014 - SECT 35

Meaning of farm assets and non - farm assets

  (1)   A farm asset is any asset that is used or held wholly or mainly for the purposes of a farm enterprise, but does not include the following:

  (a)   cash;

  (b)   money on deposit with an authorised deposit - taking institution within the meaning of the Banking Act 1959 ;

  (c)   a farm management deposit within the meaning of the Income Tax Assessment Act 1997 ;

  (d)   an asset of a kind prescribed by the Minister's rules.

  (2)   Without limiting subsection   (1), each of the following is a farm asset :

  (a)   a right or interest in land used wholly or mainly for the purposes of a farm enterprise;

  (b)   a right or interest in livestock, crop, plant or equipment that:

  (i)   is produce of a farm enterprise; or

  (ii)   is used wholly or mainly for the purposes of a farm enterprise;

    other than any livestock, crop, plant or equipment leased out by the farm enterprise;

  (c)   a water entitlement right that is used or held wholly or mainly for the purposes of a farm enterprise;

  (d)   so much of a loan to which subsection   (2A) applies as:

  (i)   is used to purchase a thing covered by subsection   (1) or paragraph   (a), (b) or (c) of this subsection; and

  (ii)   remains unpaid.

  (2A)   This subsection applies to a loan at a particular time if:

  (a)   it was made by a beneficiary of a trust to the trustee of the trust, or by a shareholder of a company to the company; and

  (b)   the outstanding amount of the principal of the loan exceeds, at that time, the total value of all the financial investments:

  (i)   the trustee has in the capacity of trustee; or

  (ii)   the company has.

  (3)   A non - farm asset is an asset other than a farm asset.

Note 1:   A farm management deposit (within the meaning of the Income Tax Assessment Act 1997 ) is an example of a non - farm asset.

Note 2:   The value of the person's principal home (if any) is not counted for the purposes of this Subdivision because of Division   1 of Part   3.12 of the Social Security Act.



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