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INCOME TAX ASSESSMENT ACT 1936 - SECT 343

Interpretation

                   In this Subdivision, unless the contrary intention appears:

"actual transfer " , in relation to property or services, means a transfer of the property or services other than a transfer that is taken to have been made because of subsection 345(1), (2), (5), (6), (8), (10) or (11).

"property " includes money.

"scheme " has the same meaning as in Division 6AAA of Part III.

"services " has the same meaning as in Division 6AAA of Part III.

"transfer " has the same meaning as in Division 6AAA of Part III.

"underlying transfer " , in relation to a transfer of property or services to a trust, means:

                     (a)  if that transfer was an actual transfer--the actual transfer; or

                     (b)  if that transfer was taken to have been made because of subsection 345(1)--the actual transfer referred to in that subsection; or

                     (c)  if that transfer was taken to have been made because of subsection 345(2)--the actual transfer referred to in paragraph 345(2)(d); or

                     (d)  if that transfer was taken to have been made because of subsection 345(5)--the actual transfer referred to in paragraph 345(5)(b); or

                     (e)  if that transfer was taken to have been made because of the application of subsection 345(6) or (8) to an actual transfer--the actual transfer; or

                      (f)  if that transfer was taken to have been made because of the application of subsection 345(6) or (8) to a transfer that was taken to have been made because of subsection 345(1)--the actual transfer referred to in subsection 345(1); or

                     (g)  if that transfer was taken to have been made because of the application of subsection 345(6) or (8) to a transfer that was taken to have been made because of subsection 345(5)--the actual transfer referred to in paragraph 345(5)(b); or

                     (h)  if that transfer was taken to have been made because of subsection 345(10)--the actual transfer referred to in paragraph 345(10)(b); or

                      (j)  if that transfer was taken to have been made because of one or more applications of subsection 345(11) to an actual transfer--the actual transfer; or

                     (k)  if that transfer was taken to have been made because of one or more applications of subsection 345(11) to a transfer (in this paragraph called the deemed transfer ) that was taken to have been made because of subsection 345(1), (2), (5), (6), (8) or (10)--the actual transfer that, under a preceding paragraph of this definition, is the underlying transfer in relation to the deemed transfer.



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