Income Tax Assessment Act 1936

PART X - ATTRIBUTION OF INCOME IN RESPECT OF CONTROLLED FOREIGN COMPANIES  

Division 4 - Attribution accounts  

SECTION 369   INDIRECT ATTRIBUTION ACCOUNT INTEREST IN AN ENTITY  

369(1)   [Calculation of indirect attribution account interest]  

The indirect attribution account interest that an entity (in this section called the " bottom entity " ) holds in another entity (in this section called the " top entity " ) is calculated in accordance with this section.

369(2)   [Interposed entity]  

An interposed entity is not to be taken into account in calculating the indirect attribution account interest unless the entity is an attribution account entity.

369(3)   [One interposed entity]  

If there is only one entity interposed between the bottom entity and the top entity, the indirect attribution account interest is calculated by multiplying the direct attribution account interest that the bottom entity holds in the interposed entity by the direct attribution account interest that the interposed entity holds in the top entity.

369(4)   [2 interposed entities]  

If there are 2 entities interposed between the bottom entity and the top entity, the indirect attribution account interest is calculated:


(a) by multiplying the direct attribution account interest that the bottom entity holds in the first interposed entity by the direct attribution account interest that the first interposed entity holds in the second interposed entity; and


(b) by multiplying the result of the calculation in paragraph (a) by the direct attribution account interest that the second interposed entity holds in the top entity.

369(5)   [3 or more interposed entities]  

If there are 3 or more entities interposed between the bottom entity and the top entity, the indirect attribution account interest is calculated:


(a) by multiplying the direct attribution account interest that the bottom entity holds in the first interposed entity by the direct attribution account interest that the first interposed entity holds in the second interposed entity; and


(b) by multiplying the result of the multiplication referred to in paragraph (a) by the direct attribution account interest that the second interposed entity holds in the third interposed entity;

and so on, ending with a multiplication by the direct attribution account interest that the last interposed entity holds in the top entity.

369(6)   [Entity interposed between 2 entities]  

For the purposes of this section, an entity (in this subsection called the 'second entity " ) is interposed between 2 other entities (in this subsection called the " first entity' and the " third entity " respectively) if, and only if:


(a) the first entity has a direct attribution account interest in the second entity; and


(b) the second entity has a direct attribution account interest in the third entity.


 

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.