Income Tax Assessment Act 1936

Div 13A repealed by No 133 of 2009, s 3 and Sch 1 item 18, applicable in relation to the ESS interests mentioned in subsections 83A-5(1) and (2) of the Income Tax (Transitional Provisions) Act 1997 .

Div 13A inserted by No 169 of 1995.

Former Div 13A repealed by No 224 of 1992 and inserted by No 126 of 1977.

Subdiv D repealed by No 133 of 2009, s 3 and Sch 1 item 18, applicable in relation to the ESS interests mentioned in subsections 83A-5(1) and (2) of the Income Tax (Transitional Provisions) Act 1997 .

S 139DF repealed by No 133 of 2009, s 3 and Sch 1 item 18, applicable in relation to the ESS interests mentioned in subsections 83A-5(1) and (2) of the Income Tax (Transitional Provisions) Act 1997 . S 139DF formerly read:

SECTION 139DF ANTI-AVOIDANCE - CERTAIN SHARES AND RIGHTS NOT QUALIFYING SHARES AND QUALIFYING RIGHTS  
139DF(1) [Business of company is acquisition, sale or holding of shares]  

Despite any other provision of this Part, a share in a company, or a right to acquire a share in a company, acquired by a taxpayer is not a qualifying share or right if:

(a) the predominant business of the company (whether or not stated in its constituent documents) is the acquisition, sale or holding of shares, securities or other investments (whether directly or indirectly through one or more companies, partnerships or trusts); and

(b) the taxpayer is employed by the company and is also employed by another company; and

(c) the company and the other company are members of the same company group.

139DF(2) [Member of the same company group]  

A company is a member of the same company group as another company if one of the companies is a holding company of the other or if another company is a holding company of both companies.

S 139DF inserted by No 169 of 1995.