Income Tax Assessment Act 1936

Part XI repealed by No 114 of 2010, s 3 and Sch 1 item 37, applicable in relation to the 2010-11 year of income for a taxpayer and later years of income. No 114 of 2010, Sch 1 item 95 contains the following saving provisions:

95 Saving of regulations relating to stock exchanges  
95
Despite the repeal of the definition of approved stock exchange in section 470 of the Income Tax Assessment Act 1936 by item 37 of this Schedule, regulations made for the purposes of that definition that were in force immediately before this item commences continue in force on and after that commencement as if those regulations had been made for the purposes of the definition of approved stock exchange in the Income Tax Assessment Act 1997 as inserted by item 81 of this Schedule. 96 Saving of elections relating to foreign hybrids  
96
Despite the repeal of subsection 485AA(1) of the Income Tax Assessment Act 1936 by item 37 of this Schedule, elections made under that subsection continue to have effect on and after the commencement of this Schedule as if that repeal had not happened.

Part XI inserted by No 190 of 1992.

Div 18 repealed by No 114 of 2010, s 3 and Sch 1 item 37, applicable in relation to the 2010-11 year of income for a taxpayer and later years of income. For saving provisions, see note under Part XI heading.

Subdiv C repealed by No 114 of 2010, s 3 and Sch 1 item 37, applicable in relation to the 2010-11 year of income for a taxpayer and later years of income. For saving provisions, see note under Part XI heading.

S 552 repealed by No 114 of 2010, s 3 and Sch 1 item 37, applicable in relation to the 2010-11 year of income for a taxpayer and later years of income. For saving provisions, see note under Part XI heading. S 552 formerly read:

SECTION 552 VALUE OF INTERESTS AT START OF RELEVANT PERIOD (BEING LATER THAN 1 JANUARY 1993) - CALCULATION METHOD APPLIED, OR INTERESTS EXEMPT, FOR PREVIOUS PERIOD  
552(1)
If:

(a) the calculation method was applied in respect of the notional accounting period immediately preceding the relevant period; or

(b) the operative provision did not apply to the taxpayer in respect of that immediately preceding period, or the application of the operative provision to the taxpayer in respect of that notional accounting period was affected, because of any of Divisions 2 to 15;

the value of the interests in the group on the relevant day is to be determined in accordance with this section.

552(2)
If the interests are included in a class of interests for which there were quoted prices on an approved stock exchange at any time during the immediately preceding period, the value of the interests in the group on the relevant day is the amount worked out on the basis of the quoted price for such an interest on the latest day during the immediately preceding period on which there was a quoted price for such an interest on such a stock exchange.

552(3)
If it is not practicable to determine the value of the interests in a group on the relevant day under subsection (2), that value is taken to be the amount that would be that value if:

(a) this Part had been in force at all times since the interests were acquired; and

(b) the value of each interest in the group at the date on which it was acquired was the consideration paid or given in respect of the acquisition by the taxpayer; and

(c) subject to paragraph (b), the deemed rate of return method had been used to determine whether any foreign investment fund income accrued to the taxpayer from the FIF in respect of each notional accounting period of the FIF before the relevant period.

S 552 inserted by No 190 of 1992.