Income Tax Assessment Act 1936

PART III - LIABILITY TO TAXATION  

Division 9A - Offshore banking units  

Subdivision A - Object and simplified outline  

SECTION 121B   SIMPLIFIED OUTLINE  

121B(1)   Scope of section.  

The following is a simplified outline of the Division.

121B(2)   Main concepts.  

Subdivision B sets out the concepts used in the Division, the most important being:

(a)    

OB activity (sections 121D , 121EA and 121EAA ) together with the related definition of offshore person (section 121E ); and

(b)    

special income and allowable deduction definitions relating to OB activities (sections 121EDA to 121EF ).

121B(3)   Operative provisions.  

Subdivision C contains the operative provisions. Basically, they provide as follows:


(a) (Repealed by No 110 of 2021)


(b) (Repealed by No 110 of 2021)


(c) (Repealed by No 143 of 2007 )

(d)    

income from OB activities is taken to be Australian sourced;

(e)    a deemed interest penalty applies to equity provided by an OBU's resident owner;

(f)    income of OBU offshore investment trusts is exempt from tax;

(g)    

income derived by overseas charitable institutions from OBUs is exempt from tax;

(h)    

certain adjustments are made to the capital gains and losses that flow from disposals of certain interests in trusts of which an OBU is the trustee.


 

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.