INCOME TAX ASSESSMENT ACT 1936 (ARCHIVE)

PART IIIA - CAPITAL GAINS AND CAPITAL LOSSES  

Division 1 - Preliminary  

Subdivision B - Interpretation  

SECTION 160JA  

160JA   INTERPRETATIVE PROVISIONS FOR DIVISIONS 3A, 3B, 3C, 3CA, 3CB, 3CC, 3CD AND 3D  
In Divisions 3A, 3B, 3C, 3CA, 3CB, 3CC, 3CD and 3D, unless the contrary intention appears:

100% subsidiary
has the meaning given by section 975-505 of the Income Tax Assessment Act 1997 .

abnormal trading
has the meaning given by Subdivision 960-H of the Income Tax Assessment Act 1997 .

approved deposit
fund has the meaning given by section 10 of the Superannuation Industry (Supervision) Act 1993 .

arrangement
has the same meaning as in the Income Tax Assessment Act 1997 .

capital shareholding of less than 1%
has the meaning given by section 160ZNSQ .

complying approved deposit fund
means a complying approved deposit fund within the meaning of section 47 of the Superannuation Industry (Supervision) Act 1993 .

complying superannuation fund
means a complying superannuation fund within the meaning of section 45 of the Superannuation Industry (Supervision) Act 1993 .

constitution
of a company has the same meaning as in the Income Tax Assessment Act 1997 .

dividend
has the meaning given by subsections 6(1), (4) and (5) and section 94L .

dividend shareholding of less than 1%
has the meaning given by section 160ZNSQ .

entity
has the meaning given by section 960-100 of the Income Tax Assessment Act 1997 .

head company
has the meaning given by section 160ZNSM .

indirectly
has the same meaning as in the Income Tax Assessment Act 1997 .

interposed company
has the meaning given by section 160ZNSN .

listed public company
has the same meaning as in the Income Tax Assessment Act 1997 .

member
of a company includes a shareholder or stockholder.

more than a 50% stake
has the meaning given by section 160ZNC .

more than 50% of the company's capital distributions
has the meaning given by section 160ZNJ .

more than 50% of the company's dividends
has the meaning given by section 160ZNI .

more than 50% of the listed public company's capital distributions
has the meaning given by section 160ZNSJ .

more than 50% of the listed public company's dividends
has the meaning given by section 160ZNSI .

more than 50% of the voting power
has the meaning given by section 160ZNH .

more than 50% of the voting power in the listed public company
has the meaning given by section 160ZNSH .

notional net capital gain
has the meaning given by subsection 160ZNF(1) .

notional net capital loss
has the meaning given by subsection 160ZNF(2).

notional shareholder
has the meaning given by section 160ZNSO .

ownership test period
has the meaning given by section 160ZNC .

ownership test time
has the meaning given by section 160ZNSG .

part of a substantial shareholding
has the meaning given by section 166-245 of the Income Tax Assessment Act 1997 .

public company
means a company that is a public company as defined by section 103A for the year of income.

redeemable shares
has the same meaning as in the Income Tax Assessment Act 1997 .

same business test
has the meaning given by Division 3C.

same business test period
has the meaning given by sections 160ZNB, 160ZND and 160ZNE and subsection 160ZNSB(5) .

shareholding interest
has the meaning given by section 175-65 of the Income Tax Assessment Act 1997 .

special company
has the same meaning as in the Income Tax Assessment Act 1997 .

substantial continuity of ownership
has the meaning given by section 160ZNSG .

substantial shareholding
: see part of a substantial shareholding .

superannuation fund
has the meaning given by section 10 of the Superannuation Industry (Supervision) Act 1993 .

test period
has the meaning given by section 160ZNSB .

test time
has the meaning given by sections 160ZNB , 160ZND , 160ZNE and 160ZNSB .

voting share
in a company means:

(a) if the company is a body corporate - a voting share as defined by section 9 of the Corporations Law; and

(b) otherwise - a share that would be a voting share as defined by that section if the company were a body corporate.

voting shareholding of less than 1%
has the meaning given by section 160ZNSQ .