Income Tax (Transitional Provisions) Act 1997
This section applies if:
(a) a trust becomes an AMIT for an income year; and
(b) the trustee of the trust made a payment to an entity at a time before 1 July 2011.
276-755(2)
The Commissioner cannot amend the entity ' s assessment for the income year in which the payment was made in a particular way if:
(a) the effect of the amendment would be to increase the entity ' s assessable income for that income year; and
(b) the Commissioner could not amend the assessment in that way if the following provisions were in operation at the time the payment was made:
(i) sections 104-107F , 104-107G and 104-107H of the Income Tax Assessment Act 1997 ;
(ii) any other provision of that Act, to the extent that it relates to the operation of the provisions mentioned in subparagraph (i); and
(c) the entity has not requested the Commissioner to amend the assessment in that way.
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