Income Tax Assessment Act 1936

PART X - ATTRIBUTION OF INCOME IN RESPECT OF CONTROLLED FOREIGN COMPANIES  

Division 1 - Preliminary  

SECTION 330   TAX DETRIMENT  

330(1)   [Tax detriment to partner]  

For the purposes of this Part, each of the following is a tax detriment to a partner in a partnership:

(a) an increase in an amount included under section 92 in the partner's assessable income in respect of an interest in the net income of the partnership;

(b) a reduction in an amount allowable under section 92 as a deduction to the partner in respect of the partner's interest in a partnership loss of the partnership;

(c) a combination of such a reduction to nil and such an increase.

330(2)   [Tax detriment to beneficiary]  

For the purposes of this Part, an increase in an amount included under section 97 , 98A or 100 in the assessable income of a beneficiary in respect of a share of the net income of a trust is a tax detriment to the beneficiary.

330(3)   [Tax detriment to trustee]  

For the purposes of this Part, an increase (including from nil) in an amount assessable to a trustee under section 98 in respect of a beneficiary's share of, or under section 99 or 99A in respect of the whole or a part of, the net income of a trust is a tax detriment to the trustee.

330(4)   [Amount of tax detriment]  

The amount of the tax detriment is equal to the amount of the increase or reduction or, where paragraph (1)(c) applies, the sum of the amounts of the reduction and increase.