Tax Laws Amendment (2011 Measures No. 2) Act 2011 (41 of 2011)

Schedule 5  

Part 20   Definitions mainly relevant to Subdivision 165-F of the Income Tax Assessment Act 1997

Income Tax Assessment Act 1997

125   Section 165-225

Repeal the section, substitute:

165-225 Special way of dividing the income year under Subdivision 165-B

(1) If:

(a) the company is required to calculate:

(i) its taxable income and *tax loss for the income year under Subdivision 165-B; and

(ii) its *net capital gain and *net capital loss for the income year under Subdivision 165-CB; and

(b) the company meets the requirements of subsections 165-220(2) and (4);

then, in dividing the income year into periods, apply subsection (2) of this section instead of subsections 165-45(3) and (4).

(2) The last period ends at the end of the income year. Each period (except the last) ends at the earliest of:

(a) the latest time that would result in the persons holding *fixed entitlements to shares of the income or shares of the capital of:

(i) if the company meets the requirements of paragraph 165-220(2)(a) - the company; or

(ii) if the company meets the requirements of paragraph 165-220(2)(b) - the holding entity mentioned in that paragraph;

and the percentages of the shares that they hold, remaining the same during the whole of the period; and

(b) the times that, for all of the *non-fixed trusts, other than *excepted trusts, holding directly or indirectly a fixed entitlement to a share of the income or capital of the company at any time during the income year, are the latest times that would result in individuals having *more than a 50% stake in their income or capital; and

(c) the earliest time in the period when a group (within the meaning of Schedule 2F to the Income Tax Assessment Act 1936) begins to *control a non-fixed trust, other than an excepted trust, that holds directly or indirectly a fixed entitlement to a share of the income or capital of the company at any time during the income year.

Note: See section 165-245 for when an entity is taken to have held or had, directly or indirectly, a fixed entitlement to a share of income or capital of a company.


Copyright notice

© Australian Taxation Office for the Commonwealth of Australia

You are free to copy, adapt, modify, transmit and distribute material on this website as you wish (but not in any way that suggests the ATO or the Commonwealth endorses you or any of your services or products).