Commonwealth Consolidated Acts

INCOME TAX ASSESSMENT ACT 1936 - SECT 491

             (1)  For the purposes of this Part, the associates of an entity are to be determined in accordance with section 318 subject to the modifications made by subsection (2) of this section.

             (2)  The modifications are as follows:

                     (a)  relative , in relation to a person, means:

                              (i)  a spouse of the person other than a spouse who is legally married to the person but is living separately and apart from the person and has been so living for at least 12 months; or

                            (ia)  a spouse of the person, other than a spouse within the meaning of paragraph (a) of the definition of spouse in subsection 995‑1(1) of the Income Tax Assessment Act 1997 who is living separately and apart from the person and has been so living for at least 12 months; or

                             (ii)  a child of the person; or

                            (iii)  if the person has not reached the age of 18 years:

                                        (A)  a parent of the person; or

                                        (B)  a brother or sister of the person;

                     (b)  child , in relation to a person, means:

                              (i)  a child of the person (other than a child excluded under subsection (3)); or

                             (ii)  a child (other than a child referred to in subparagraph (i)) of a spouse of the person, being a child who lives with the person;

                     (c)  trust does not include a public unit trust, a complying superannuation fund, a non‑complying superannuation fund, a complying approved deposit fund, a non‑complying approved deposit fund or a pooled superannuation trust;

                     (d)  subsections 318(5) and (7) are to be disregarded;

                     (e)  for the purposes of the application of paragraphs 318(6)(a) and (b) in relation to an entity, the references in those paragraphs to interposed companies, partnerships or trusts are taken to be references to any such companies, partnerships or trusts that are associates of the entity.

Note:          Section 960‑ 255 of the Income Tax Assessment Act 1997 may be relevant to determining relationships for the purposes of subparagraph (2)(a)(iii).

             (3)  For the purposes of subparagraph (2)(b)(i), the following children are excluded under this subsection:

                     (a)  a step‑child of the person; and

                     (b)  someone who would be the step‑child of the person except that the person is not legally married to the person's spouse.