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INCOME TAX ASSESSMENT ACT 1936 - SECT 117 Co-operative companies

INCOME TAX ASSESSMENT ACT 1936 - SECT 117

Co-operative companies

  (1)   In this Division, co - operative company means a company, not being a friendly society dispensary, the rules of which limit the number of shares which may be held by, or by and on behalf of, any one shareholder, and prohibit the quotation of the shares for sale or purchase at any stock exchange or in any other public manner whatever, and includes a company, not being a friendly society dispensary, which has no share capital, and which in either case is established for the purpose of carrying on any business having as its primary object or objects one or more of the following:

  (a)   the acquisition of commodities or animals for disposal or distribution among its shareholders;

  (b)   the acquisition of commodities or animals from its shareholders for disposal or distribution;

  (c)   the storage, marketing, packing or processing of commodities of its shareholders;

  (d)   the rendering of services to its shareholders;

  (e)   the obtaining of funds from its shareholders for the purpose of making loans to its shareholders to enable them to acquire land or buildings to be used for the purpose of residence or of residence and business.

  (2)   A company is not a co - operative company within the meaning of this Division   in relation to a year of income if the company is, for the purposes of section   23G, an approved credit union in relation to that year of income.

  (3)   Subsection   (2) does not apply to a credit union in relation to a year of income if:

  (a)   the credit union is a recognised medium credit union in relation to the year of income; or

  (b)   the credit union is a recognised large credit union in relation to the year of income.

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