Commonwealth Consolidated Acts

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INCOME TAX ASSESSMENT ACT 1936 - SECT 442

Assumption of rights of lender under a loan

                   In determining whether a company passes the active income test, if the company assumes the rights of a lender under a loan, this Part has effect, after that assumption, as if:

                     (a)  the company had provided the loan to the borrower; and

                     (b)  in a case where that assumption was made in the course of carrying on a particular business--interest, or a payment in the nature of interest, derived by the company from the loan had been derived from a loan made in the course of carrying on that business.



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