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INCOME TAX ASSESSMENT ACT 1936 - SECT 109BB Application of Division to closely-held corporate limited partnerships

INCOME TAX ASSESSMENT ACT 1936 - SECT 109BB

Application of Division to closely-held corporate limited partnerships

    This Division   applies to a corporate limited partnership in relation to a year of income in the same way as it applies to a private company in relation to a year of income, if, any time during the year of income:

  (a)   the partnership has fewer than 50 members; or

  (b)   any entity has, directly or indirectly, and for the entity's own benefit, an entitlement to a 75% or greater share of the income or capital of the partnership.

Example:   Michael has an entitlement to an 80% share of the income of 2 fixed trusts. The 2 fixed trusts have, between them, an entitlement to 100% of the income of a corporate limited partnership. For the purposes of paragraph   (b), Michael has, indirectly, and for his own benefit, an entitlement to a 75% or greater share of the income of the partnership.

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