Income Tax Assessment Act 1936
View history note
Hide history noteFor the purposes of applying this Act in calculating the attributable income of the eligible CFC, Subdivision 126-B of the Income Tax Assessment Act 1997 has effect as if the table in subsection 126-50(5) of that Act were omitted and the following table were substituted:
| Additional requirements | |||
| Item | The originating CFC's residency status | The recipient company's residency status | This requirement must be satisfied |
| 1 | A resident of a listed country at the time of the trigger event | Either:
(a) a resident of that listed country at that time; or (b) an Australian resident at that time |
It does not matter what the roll-over asset is |
| 2 | A resident of a listed country at the time of the trigger event | A resident of a particular unlisted country at that time | The asset must have been used (just before that time) in connection with a permanent establishment of the originating CFC in any unlisted country at or through which the originating CFC carried on business just before that time |
| 3 | A resident of an unlisted country at the time of the trigger event | Either:
(a) a resident of an unlisted country at that time; or (b) an Australian resident at that time |
It does not matter what the roll-over asset is |
The residency assumption is ignored for the purpose of applying the table in subsection (1).
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