Commonwealth Numbered Acts

TAXATION LAWS AMENDMENT ACT (NO. 3) 2002 NO. 97, 2002 - SCHEDULE 3

Income Tax Assessment Act 1936

1 Subsection 46F(3)

(3) Subsection (2) does not apply if:

(a)

the shareholder is a group company in relation to the company paying the dividend in relation to the year of income in which the dividend is paid; or

(b)

were the tests in section 160AFE for working out relationships between companies to apply to a particular time rather than in relation to a year of income—the shareholder would have been a group company in relation to the company paying the dividend at all times during the period of 12 months ending on the day on which the dividend was paid.

2 Application