CHAPTER 3
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SPECIALIST LIABILITY RULES
PART 3-5
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CORPORATE TAXPAYERS AND CORPORATE DISTRIBUTIONS
Division 175
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Use of a company
'
s tax losses or deductions to avoid income tax
Subdivision 175-D
-
Common rules
History
Subdiv 175-D (heading) substituted by No 147 of 2005.
SECTION 175-95
When a person has a shareholding interest in the company
175-95(1)
A person has a
shareholding interest
in the company if the person is:
(a)
the beneficial owner; or
(b)
the trustee of a *family trust who is the owner;
of:
(c)
*shares in the company; or
(d)
an interest in *shares in the company.
History
S 175-95(1) substituted by No 58 of 2000.
Act No 58 of 2000, Sch 10, contains the following application provision:
17(4)
The amendments made by item 14 apply:
(a)
so far as the amendments affect Subdivision 175-A of the
Income Tax Assessment Act 1997
-
where the loss year mentioned in that Subdivision is the 1996-97 income year or any later income year and the income year mentioned in that Subdivision is the 1997-98 income year or any later income year; and
(b)
so far as the amendments affect Subdivision 175-B of the
Income Tax Assessment Act 1997
-
where the income year mentioned in that Subdivision is the 1997-98 income year or any later income year; and
(c)
so far as the amendments affect Subdivision 175-CA of the
Income Tax Assessment Act 1997
-
where the earlier income year mentioned in that Subdivision is the 1996-97 income year or any later income year and the income year mentioned in that Subdivision is the 1998-99 income year or any later income year; and
(d)
so far as the amendments affect Subdivision 175-CB of the
Income Tax Assessment Act 1997
-
where the income year mentioned in that Subdivision is the 1998-99 income year or any later income year; and
(e)
so far as the amendments affect Subdivision 175-C of the
Income Tax Assessment Act 1997
-
where the debt mentioned in that Subdivision was incurred in the 1996-97 income year or any later income year and the income year mentioned in that Subdivision is the 1998-99 income year or any later income year.
175-95(2)
A person also has a
shareholding interest
in the company if:
(a)
the person has a shareholding interest in another company; and
(b)
the other company has a shareholding interest in the company (including one resulting from any other application or applications of this subsection).
History
S 175-95 renumbered by No 46 of 1998.