Commonwealth Numbered Acts

INCOME TAX ASSESSMENT AMENDMENT ACT 1979 No. 12 of 1979 - SECT 9

9. (1) Section 94 of the Principal Act is amended-

   (a)  by inserting after sub-section (8) the following sub-section:

''(8A) In forming an opinion for the purposes of sub-section (8) as to whether
it is unreasonable that this section should apply in relation to any of the
net income of a trust estate, the Commissioner shall take into consideration
the extent (if any) to which that net income represents income to which a
beneficiary is presently entitled that is attributable to a period when the
beneficiary was not a resident and is also attributable to sources out of
Australia.''; and

   (b)  by omitting from sub-section (13) the definition of ''share in the net
        income of a partnership'' and substituting the following definition:

'' 'share in the net income of a partnership', in relation to a partner,
means-

   (a)  so much of the individual interest of the partner in the net income of
        the partnership and of any income derived by the partner from the
        partnership otherwise than as a partner as is attributable to a period
        when the partner was a resident; and

   (b)  so much of the individual interest of the partner in the net income of
        the partnership and of any income derived by the partner from the
        partnership otherwise than as a partner as is attributable to a period
        when the partner was not a resident and is also attributable to
        sources in Australia.''.

(2) The amendments made by sub-section (1) apply to assessments in respect of
income of the year of income that commenced on 1 July 1978 and in respect of
income of all subsequent years of income.