Commonwealth Consolidated Acts

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INCOME TAX ASSESSMENT ACT 1936 - SECT 431A

Exemption of attributable taxpayer from Part XI

             (1)  For the purpose of applying this Act in calculating the attributable income of the eligible CFC, section 494 is to be disregarded and the following provisions have effect.

             (2)  If:

                     (a)  an amount of foreign investment fund income that accrued to the eligible CFC from a FIF in respect of a notional accounting period of the FIF would, apart from this subsection, be included in the eligible CFC's notional assessable income of the eligible period; and

                     (b)  the statutory accounting period of the CFC coincides with that notional accounting period of the FIF; and

                     (c)  section 456 applies to the eligible taxpayer at the end of the statutory accounting period of the FIF;

section 529 does not apply to the eligible CFC in relation to the FIF in respect of the notional accounting period of the FIF referred to in paragraph (a).

             (3)  If:

                     (a)  an amount of foreign investment fund income that accrued to the eligible CFC from a FIF in respect of a notional accounting period of the FIF would, apart from this subsection, be included in the eligible CFC's notional assessable income of the eligible period; and

                     (b)  each of 2 or more statutory accounting periods of the FIF occurs partly within that notional accounting period of the FIF; and

                     (c)  section 456 applies to the eligible taxpayer at the end of each of those statutory accounting periods of the FIF;

section 529 does not apply to the eligible CFC in relation to the FIF in respect of the notional accounting period of the FIF referred to in paragraph (a).


 



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