Income Tax Assessment Act 1936
Div 7A inserted by No 47 of 1998.
Subdiv AA (heading) substituted by No 75 of 2010 , s 3 and Sch 1 item 10, applicable in relation to: (a) payments made; and (b) loans made; and (c) debts forgiven; on or after 1 July 2009. The heading formerly read:
Subdivision AA - Application of Division to non-share equity interests
Subdiv AA inserted by No 163 of 2001.
This Division applies to a corporate limited partnership in relation to a year of income in the same way as it applies to a private company in relation to a year of income, if, any time during the year of income:
(a) the partnership has fewer than 50 members; or
(b) any entity has, directly or indirectly, and for the entity's own benefit, an entitlement to a 75% or greater share of the income or capital of the partnership.
Example:
Michael has an entitlement to an 80% share of the income of 2 fixed trusts. The 2 fixed trusts have, between them, an entitlement to 100% of the income of a corporate limited partnership. For the purposes of paragraph (b), Michael has, indirectly, and for his own benefit, an entitlement to a 75% or greater share of the income of the partnership.
S 109BB inserted by No 75 of 2010, s 3 and Sch 1 item 11, applicable in relation to: (a) payments made; and (b) loans made; and (c) debts forgiven; on or after 1 July 2009.
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