Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If:
(a) the Commissioner is appointed as the Commonwealth Registrar (within the meaning of the Corporations (Aboriginal and Torres Strait Islander) Act 2006 ); and
(b) no other person or body is appointed as that registrar;
the Commissioner may disclose the tax file number of a person to that registrar if the disclosure is made for the purposes of facilitating the administration of Part 6 - 7A of that Act.
(2) If:
(a) the Commissioner is appointed as the Registrar (within the meaning of the Corporations Act 2001 ); and
(b) no other person or body is appointed as that registrar;
the Commissioner may disclose the tax file number of a person to that registrar if the disclosure is made for the purposes of facilitating the administration of Part 9.1A of that Act.
(2A) The Commissioner may disclose the tax file number of a person to a registrar specified in subsection 355 - 67(2) in Schedule 1 to the Taxation Administration Act 1953 if:
(a) the Commissioner is appointed as that registrar; and
(b) no other person or body is appointed as that registrar; and
(c) the disclosure is made through use of a computer application or system that is used for the performance of functions, or the exercise of powers, of both the Commissioner and that registrar; and
(d) use of the application or system by that registrar is on the condition that tax file numbers disclosed through use of the application or system are only to be recorded, used, divulged, disclosed or communicated to the extent reasonably necessary for the application or system to be used for the performance of that registrar's functions, or the exercise of that registrar's powers.
(3) To avoid doubt, subsection (1), (2) or (2A) applies to the disclosure of the person's tax file number whether or not that registrar has requested the person, or the Commissioner, to give the tax file number to that registrar.
Income Tax Assessment Act 1936
No. 27, 1936
Compilation No. 186
Compilation date: 14 October 2024
Includes amendments: Act No. 38, 2024
This compilation is in 7 volumes
Volume 5: Schedules
Volume 6: Endnotes 1-4
Volume 7: Endnote 5
Each volume has its own contents
About this compilation
This compilation
This is a compilation of the Income Tax Assessment Act 1936 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date ).
The notes at the end of this compilation (the endnotes ) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self - repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part VIIB--Medicare levy and Medicare levy surcharge
251R Interpretation
251S Medicare levy
251T Medicare levy (other than Medicare levy surcharge) not payable by prescribed persons or by certain trustees
251U Prescribed persons
251V Subsections 251R(4), (5), (6B), (6C) and (6D) not to apply to Medicare levy surcharge
251VA Subsection 251U(3) not to apply for Medicare levy surcharge
251W Regulations
251X Notice of assessment to set out Medicare levy and surcharge
251Z Administration of Medicare levy (fringe benefits) surcharge Act
Part VIII--Miscellaneous
252 Public officer of company
252A Public officer of trust estate
253 Notifying and serving companies
255 Person in receipt or control of money from non - resident
257 Payment of tax by banker
260 Contracts to evade tax void
262 Periodical payments in the nature of income
262A Keeping of records
264BB Commissioner may require private health insurers to provide information
265A Release of liability of members of the Defence Force on death
265B Notices in relation to certain securities
266 Regulations
Part X--Attribution of income in respect of controlled foreign companies
Division 1--Preliminary
316 Object of Part
317 Interpretation
318 Associates
319 Statutory accounting period of a company
320 Listed countries and unlisted countries
321 Each listed country and each unlisted country to be treated as a separate foreign country
322 Meaning of entitled to acquire
323 State foreign taxes may be treated as federal foreign taxes
324 When income or profits subject to tax in a listed country
325 When dividends etc. taxed in a country at normal company tax rate
326 AFI subsidiary
327 Eligible finance shares
327A Widely distributed finance shares
327B Transitional finance shares
328 Non - resident family trusts
330 Tax detriment
331 Company deemed to be treated as a resident of a listed country or an unlisted country for the purposes of the tax law of that country
332 Companies that are residents of listed countries
333 Companies that are residents of unlisted countries
334A Voting interests in companies
335 References extend to pre - commencement matters and things
Division 2--Types of entity
Subdivision A--Australian entities
336 Australian entity
338 Australian trust
Subdivision B--Controlled foreign entities (CFEs)
339 Controlled foreign entity (CFE)
340 Controlled foreign company (CFC)
341 Controlled foreign partnership (CFP)
342 Controlled foreign trust (CFT)
Subdivision C--Eligible transferors in relation to trusts
343 Interpretation
344 References to transfer of property or services
345 Deemed transfers of property or services
346 Circumstances in which a transfer of property or services is an eligible business transaction
347 Eligible transferor in relation to a discretionary trust
348 Eligible transferor in relation to a non - discretionary trust or a public unit trust
Division 3--Control interests, attribution interests, attributable taxpayers and attribution percentages
Subdivision A--Control interests
349 Associate - inclusive control interest in a company or trust
350 Direct control interest in a company
351 Direct control interest in a trust
352 Indirect control interest in a company or trust
353 Control tracing interest in a company
354 Control tracing interest in a CFP
355 Control tracing interest in a CFT
Subdivision B--Attribution interests
356 Direct attribution interest in a CFC or CFT
357 Indirect attribution interest in a CFC or CFT
358 Attribution tracing interest in a CFC
359 Attribution tracing interest in a CFP
360 Attribution tracing interest in a CFT
Subdivision C--Attributable taxpayers and attribution percentages
361 Attributable taxpayer in relation to a CFC or a CFT
362 Attribution percentage of an attributable taxpayer
Division 4--Attribution accounts
363 Attribution account entity
364 Attribution account percentage
365 Attribution account payment
366 Direct attribution account interest in a company
367 Direct attribution account interest in a partnership
368 Direct attribution account interest in a trust
369 Indirect attribution account interest in an entity
370 Attribution surplus
371 Attribution credit
372 Attribution debit
373 Grossed - up amount of an attribution debit
Division 7--Calculation of attributable income of CFC
Subdivision A--Basic principles
381 Separate attributable income for each attributable taxpayer
382 Attributable income is taxable income calculated on certain assumptions
383 Basic assumptions
384 Additional assumption for unlisted country CFC
385 Additional assumption for listed country CFC
386 Adjusted tainted income
387 Reduction of attributable income because of interim dividends
Subdivision B--General modifications of Australian tax law
388 Double tax agreements to be disregarded
389 Certain provisions to be disregarded in calculating attributable income
389A Other provisions to be disregarded in calculating attributable income
390 Elections to be made by eligible taxpayer
392 Notional assessable amounts are to be pre - tax
393 Notional allowable deduction for taxes paid
394 Notional allowable deduction for eligible finance share dividends, widely distributed finance share dividends and transitional finance share dividends
395 Expenditure incurred to produce income or profits in later statutory accounting periods
396 Modified application of sections 25A and 52
397 Modified application of trading stock provisions
398 Modified application of depreciation provisions
398A Application of Division 3A of Part III
399 Modifications of net income of partnerships and trusts
399A Modified application of bad debt etc. provisions
400 Modified cross - border requirement for transfer pricing
401 Reduction of disposal consideration or capital proceeds if attributed income not distributed
402 Additional notional exempt income--unlisted or listed country CFC
403 Additional notional exempt income--unlisted country CFC
404 Application of Subdivision 768 - A of the Income Tax Assessment Act 1997
Subdivision C--Modifications relating to Australian capital gains tax
405 Interpretation
406 Meaning of c ommencing day and commencing day asset
408 Certain capital gains and losses disregarded
408A Certain events before commencing day ignored
409 Losses before 30 June 1990 to be disregarded
410 General modifications--CGT
411 Commencing day assets taken to have been acquired on commencing day
412 Cost base of commencing day asset
413 Adjustment of cost base as at commencing day--return of capital
414 Exercise of rights
418 Options
418A Effect of change of residence from Australia to listed or unlisted country
419 Modified application of Subdivision 126 - B of the Income Tax Assessment Act 1997
421 Elections under CGT roll - over provisions
422 Adjustment of capital proceeds where change of residence by eligible CFC from unlisted to listed country
423 Adjustment of capital proceeds where section 47A applies to rolled - over assets
Subdivision D--Modifications relating to losses
425 Sometimes - exempt income etc.
426 Creation of loss
427 Certain provisions to be disregarded
428 Subdivision to apply as if there were always a requirement to calculate attributable income
429 Notional allowable deduction for (sometimes - exempt income) loss
431 Deduction etc. for previous period loss
Division 8--Active income test
Subdivision A--Basic conditions for passing the active income test
432 Active income test
Subdivision B--Tainted income ratio
433 Tainted income ratio
434 Gross turnover
435 Gross tainted turnover
436 Amounts excluded from active income test
Subdivision C--Treatment of partnership income
437 Treatment of partnership income
Subdivision D--General interpretive provisions
438 Roll - overs--asset disposals
439 When currency exchange gains or losses relate to active income transactions
440 Asset disposals--revaluations and arm's length amounts
441 Hire - purchase and other property financing transactions
442 Assumption of rights of lender under a loan
443 Net tainted commodity gains
444 Net tainted currency exchange gains
445 Net gains--disposal of tainted assets
Subdivision E--Passive income, tainted sales income and tainted services income
446 Passive income
447 Tainted sales income
Subdivision F--Special rules relating to AFI subsidiaries carrying on financial intermediary business
449 AFI subsidiaries--interest income
450 AFI subsidiaries--asset disposals and currency transactions
Subdivision G--Substantiation requirements
451 Active income test--substantiation requirements for company
452 Active income test--substantiation requirements for partnership
453 Active income test--substantiation requirements for attributable taxpayer
454 Assessment on assumption--retention of accounts etc. and compliance with information notices
455 Amendment of assessments
Division 9--Attribution of attributable income and other amounts
456 Assessability in respect of CFC's attributable income
456A Reduction of section 456 assessability where item subject to foreign accruals tax
457 Assessability where CFC changes residence from unlisted country to listed country or to Australia
459A Assessability where CFC or CFT has interest in certain attributable taxpayers
460 Only resident partners, beneficiaries etc. liable to be assessed as a result of attribution
460A Effect of reducing section CGT event J1 amount
Division 10--Post - attribution asset disposals
461 Reduction of disposal consideration or capital proceeds if attributed income not distributed
Division 11--Keeping of records
462 Keeping of records--section 456
462A Keeping of records--section 457
464A Keeping of records--section 459A
465 Offence of failing to keep records
466 Manner in which records required to be kept
467 Circumstances where records not required to be kept--reasonable excuse etc.
468 Treatment of partnerships