INCOME TAX ASSESSMENT ACT 1936 (ARCHIVE)
View history note
Hide history noteA company is a prescribed person in relation to another company if:
(a) the first company is a non-resident; or
(b) were the first company to receive a dividend paid by the other company, the dividend would be exempt income of the company for the purposes of this Part. 160APHBF(2) [Trustees]
A trustee is a prescribed person in relation to a company if:
(a) all the beneficiaries in the trust are prescribed persons under other provisions of this section; or
(b) were the trustee to receive a dividend paid by the company, the dividend would be exempt income of the trust estate for the purposes of this Part. 160APHBF(3) [Partnerships]
A partnership is a prescribed person in relation to a company if:
(a) all the partners are prescribed persons under other provisions of this section; or
(b) were the partnership to receive a dividend paid by the company, the dividend would be exempt income of the partnership for the purposes of this Part. 160APHBF(4) [Individual (not trustee)]
An individual (other than a trustee) is a prescribed person in relation to a company if:
(a) he or she is a non-resident; or
(b) were he or she to receive a dividend paid by the company, the dividend would be exempt income of the individual for the purposes of this Part. 160APHBF(5) [Commonwealth, States, Territories etc]
The Commonwealth, each of the States, the Australian Capital Territory, the Northern Territory and Norfolk Island are prescribed persons in relation to any company.
160APHBF(6) [Exempt institutions]An exempt institution whose exempt status is disregarded under subsection 160ARDAB(1) cannot be a prescribed person in relation to a company under this section.
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.
