Commonwealth Consolidated Acts

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INCOME TAX ASSESSMENT ACT 1936 - SECT 340

Controlled foreign company (CFC)

                   A company is a CFC at a particular time if, at that time, the company is a resident of a listed country or of an unlisted country and any of the following paragraphs applies:

                     (a)  at that time, there is a group of 5 or fewer Australian 1% entities the aggregate of whose associate‑inclusive control interests in the company is not less than 50%;

                     (b)  both of the following subparagraphs apply:

                              (i)  at that time, there is a single Australian entity (in this paragraph called the assumed controller ) whose associate‑inclusive control interest in the company is not less than 40%;

                             (ii)  at that time, the company is not controlled by a group of entities not being or including the assumed controller or any of its associates;

                     (c)  at that time, the company is controlled by a group of 5 or fewer Australian entities, either alone or together with associates (whether or not any associate is also an Australian entity).



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