Income Tax Assessment Act 1936
View history note
Hide history noteIn this Subdivision, unless the contrary intention appears:
"actual transfer"
, in relation to property or services, means a transfer of the property or services other than a transfer that is taken to have been made because of subsection
345(1)
, (2), (5), (6), (8), (10) or (11);
"scheme"
has the same meaning as in Division
6AAA
of Part
III
;
"services"
has the same meaning as in Division
6AAA
of Part
III
;
"transfer"
has the same meaning as in Division
6AAA
of Part
III
;
"underlying transfer"
, in relation to a transfer of property or services to a trust, means:
(a) if that transfer was an actual transfer - the actual transfer; or
(b) if that transfer was taken to have been made because of subsection 345(1) - the actual transfer referred to in that subsection; or
(c) if that transfer was taken to have been made because of subsection 345(2) - the actual transfer referred to in paragraph 345(2)(d) ; or
(d) if that transfer was taken to have been made because of subsection 345(5) - the actual transfer referred to in paragraph 345(5)(b) ; or
(e) if that transfer was taken to have been made because of the application of subsection 345(6) or (8) to an actual transfer - the actual transfer; or
(f) if that transfer was taken to have been made because of the application of subsection 345(6) or (8) to a transfer that was taken to have been made because of subsection 345(1) - the actual transfer referred to in subsection 345(1) ; or
(g) if that transfer was taken to have been made because of the application of subsection 345(6) or (8) to a transfer that was taken to have been made because of subsection 345(5) - the actual transfer referred to in paragraph 345(5)(b) ; or
(h) if that transfer was taken to have been made because of subsection 345(10) - the actual transfer referred to in paragraph 345(10)(b) ; or
(j) if that transfer was taken to have been made because of one or more applications of subsection 345(11) to an actual transfer - the actual transfer; or
(k) if that transfer was taken to have been made because of one or more applications of subsection 345(11) to a transfer (in this paragraph called the ``deemed transfer'' ) that was taken to have been made because of subsection 345(1) , (2), (5), (6), (8) or (10) - the actual transfer that, under a preceding paragraph of this definition, is the underlying transfer in relation to the deemed transfer.
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