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INCOME TAX ASSESSMENT ACT 1997 No. 38 of 1997 - SECT 9.5
Entities that work out their income tax by reference to something other than taxable income
(1) For some entities, some or all of their income tax for the
*financial year is worked out as described in the table. Provisions of the
Income Tax Assessment Act 1997 are identified in normal text. The other
provisions, in bold, are provisions of the Income Tax Assessment Act 1936.
Item This kind of entity is liable to pay income tax
worked out by reference to:
See:
1. A trustee covered by item 5 in the table in section 9-1 is
liable to pay income tax worked out by reference to the net
income of the trust for the income year.
sections 98, 99 and 99A
2. The trustee of a corporate unit trust is liable to pay income
tax worked out by reference to the net income of the trust for
the income year. section 102K
3. The trustee of a public trading trust is liable to pay income
tax worked out by reference to the net income of the trust for
the income year. section 102S
4. An entity that is liable to pay income tax (worked out by
reference to taxable income or otherwise) is also liable to
pay income tax worked out by reference to diverted income or
diverted trust income for the income year.
section 121H
5. An Australian insurer that re-insures overseas can elect to
pay, as agent for the re-insurer, income tax worked out by
reference to the amount of the re-insurance premiums.
section 148
(2) For entities covered by an item in the table in subsection (1), the income
year is the same as the *financial year, except in these cases:
(a) for a company, or an entity covered by item 2 or 3 in the table, the
income year is the previous financial year;
(b) if an entity adopts an accounting period ending on a day other than 30
June, the income year is the accounting period adopted in place of the
financial year or previous financial year, as appropriate. Note: The
Commissioner can allow an entity to adopt an accounting period ending
on a day other than 30 June. See section 18 of the Income Tax
Assessment Act 1936.
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