Taxation Laws Amendment (Foreign Income Measures) Act 1997 (155 of 1997)

Schedule 1   Foreign source income

Part 1   General amendments

Income Tax Assessment Act 1936

42   After subsection 385(2)

Insert:

(2A) For the purposes of sub-subparagraphs (2)(a)(ii)(C) and (2)(d)(ii)(C), income or other amounts pass the test set out in this subsection if:

(a) the income or other amounts are not subject to tax in the broad-exemption listed country or any other listed country in a tax accounting period ending before the end of the eligible period or commencing during the eligible period; or

(b) both:

(i) the income or other amounts are adjusted tainted income (within the meaning of section 386); and

(ii) the income or other amounts are not subject to tax in the broad-exemption listed country or in any other broad-exemption listed country in a tax accounting period ending before the end of the eligible period or commencing during the eligible period.