Commonwealth Consolidated Acts

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INCOME TAX ASSESSMENT ACT 1936 - SECT 94E

Continuity of business test

                   In determining whether a limited partnership is a corporate limited partnership in relation to a year of income, the partnership passes the continuity of business test if, and only if:

                     (a)  at all times during the period:

                              (i)  beginning on 19 August 1992; and

                             (ii)  ending at the end of the year of income;

                            the partnership carried on the same business as it carried on immediately before the beginning of that period; and

                     (b)  the partnership did not, at any time during that period, derive income from a business of a kind that it did not carry on, or from a transaction of a kind that it had not entered into in the course of its business operations, before that period.



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