Income Tax Assessment Act 1936

PART III - LIABILITY TO TAXATION  

Division 11A - Dividends, interest and royalties paid to non-residents and to certain other persons  

Subdivision A - General  

SECTION 128AD   INDEMNIFICATION ETC. AGREEMENTS IN RELATION TO BILLS OF EXCHANGE AND PROMISSORY NOTES  

128AD(1)   [Bills of exchange]  

Where:

(a) the drawer of a bill of exchange issued after the day on which this section comes into operation pays an amount (in this subsection referred to as the indemnification amount ) to the acceptor of the bill to indemnify, reimburse or otherwise compensate the acceptor in respect of the whole or a part of an amount (which whole or part is in this subsection referred to as the eligible presentment amount ) that the acceptor has, or will, become liable to pay to the payee under the bill on presentment of the bill;

(b) no part of the indemnification amount is, or will be, included in the assessable income of the acceptor of any year of income; and

(c) the whole or a part (in this subsection referred to as the eligible presentment interest ) of the eligible presentment amount consists or will consist of interest;

so much of the indemnification amount as indemnifies, reimburses or otherwise compensates the acceptor in respect of the eligible presentment interest shall, for the purposes of this Division, be deemed to be income that consists of interest.

128AD(2)   [Promissory notes]  

Where:

(a) a person (in this subsection referred to as the indemnifier ) pays an amount (in this subsection referred to as the indemnification amount ) to the issuer of a promissory note issued after the day on which this section comes into operation to indemnify, reimburse or otherwise compensate the issuer in respect of the whole or a part of an amount (which whole or part is in this subsection referred to as the eligible presentment amount ) that the issuer has, or will, become liable to pay to the payee under the note on presentment of the note;

(b) no part of the indemnification amount is, or will be, included in the assessable income of the issuer of any year of income; and

(c) the whole or a part (in this subsection referred to as the eligible presentment interest ) of the eligible presentment amount consists or will consist of interest,

so much of the indemnification amount as indemnifies, reimburses or otherwise compensates the issuer in respect of the eligible presentment interest shall, for the purposes of this Division, be deemed to be income that consists of interest.