INCOME TAX ASSESSMENT ACT 1936 - SECT 396 Modified application of sections 25A and 52

INCOME TAX ASSESSMENT ACT 1936 - SECT 396

  (1)   For the purpose of applying this Act and the Income Tax Assessment Act 1997 in calculating the attributable income of an eligible CFC, sections   25A and 52 of this Act and sections   15 - 15 and 25 - 40 of the Income Tax Assessment Act 1997 do not apply in respect of the disposal of a non - taxable Australian asset of the eligible CFC.

  (2)   A reference in subsection   (1) to a non - taxable Australian asset is a reference to a CGT asset other than one that has the necessary connection with Australia (within the meaning of the Income Tax Assessment Act 1997 ).

  (3)   The residency assumption is to be ignored in determining whether an asset is a taxable Australian asset for the purposes of this section.