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Requirement for Transfer to Eligible Descendant

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Eligible descendant must have had active involvement

The eligible descendant that the sugarcane farm was transferred to must have been actively involved with a sugarcane farm that is transferred, over the last three years.    

The eligibility criteria for transfer to descendant

Once the active involvement is established, it is necessary to satisfy other RASF eligibility criteria included in the table below.

If the sugarcane farmer transfers the sugarcane farm as a gift to...

Then the sugarcane farmer...

an eligible descendant    

VEA ?

Requirement for qualifying sugarcane farmer

Section 49Q(1) VEA

Requirement for former partner

Section 49Q(2) VEA

VEA ? (go back)

meets the first criterion that allows them to participate in RASF    

More ?

Eligibility criteria for participation in RASF

Section 5.10.2

More ? (go back)

multiple eligible descendants    

VEA ?

Requirement for qualifying sugarcane farmer

Section 49Q(1) VEA

Requirement for former partner

Section 49Q(2) VEA

VEA ? (go back)

meets the first criterion that allows them to participate in RASF    

More ?

Eligibility criteria for participation in RASF

Section 5.10.2

More ? (go back)

multiple descendants – some eligible, some ineligible

is not eligible to participate in RASF

a trust, where the trustee is an eligible descendant, or an eligible descendant and their partner

meets the first criterion that allows them to participate in RASF    

More ?

Eligibility criteria for participation in RASF

Section 5.10.2

More ? (go back)

a trust where the trustee is not an eligible descendant

is not eligible to participate in RASF

a company    

is not eligible to participate in RASF.


According to subsection 5P(1) of the VEA, an eligible descendant in relation to a person means:

  • a child, step child or adopted child of the person or of a partner of the person, or
  • a descendant in direct line of a child described above, or
  • any other person who, in the opinion of the [glossary:Commission:DEF/Commission/Repatriation Commission], should be treated for the purposes of this definition as a person described in the above paragraph.

 

 

According to subsection 5PAA(1) of the VEA, a sugarcane farm is a farm that is used predominantly for the purposes of a sugarcane farm enterprise .

 

 

According to subsection 49Q(5) of the VEA, a person is deemed to have been actively involved with a sugarcane farm during a particular period if during that period the person:

  • has contributed a significant part of his or her labour to the development of the sugarcane farm; or
  • has undertaken educational studies or training in a field that, in the opinion of the Commision, is relevant to the development or management of the sugarcane farm enterprise.

 

 

Trustee has two meanings depending on the context, (i) and (ii).

(i) a person who looks after someone else's affairs

According to section 202 of the VEA, a trustee is a person appointed by the Commission to administer the financial affairs of a pensioner who may be incapable of managing their own affairs for reasons such as:

  • age,
  • infirmity,
  • ill health, or
  • improvidence.

These criteria include circumstances where a pensioner has a psychiatric disorder or a mental illness as a result of alcohol or drug addiction.

A trustee can be appointed, with or without the consent of the pensioner and once appointed, a trustee has full control of the pension payment.

(ii) a person responsible for administration of a trust

According to section 52ZO of the VEA, trustee has the same meaning as in the Income Tax Assessment Act 1997.