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INCOME TAX ASSESSMENT ACT 1997 - SECT 50.70

Special conditions for items 1.7, 2.1, 9.1 and 9.2

  (1)   An entity covered by item   1.7, 2.1, 9.1 or 9.2 is not exempt from tax unless the entity is a society, association or club that is not carried on for the purpose of profit or gain of its individual members and that:

  (a)   has a physical presence in Australia and, to that extent, incurs its expenditure and pursues its objectives principally in Australia; or

  (b)   is a society, association or club that meets the description and requirements in item   1 of the table in section   30 - 15; or

  (c)   is a prescribed society, association or club which is located outside Australia and is exempt from income tax in the country in which it is resident;

and the entity satisfies the conditions in subsection   (2).

Note:   Certain distributions may be disregarded: see section   50 - 75.

  (2)   The entity must:

  (a)   comply with all the substantive requirements in its governing rules; and

  (b)   apply its income and assets solely for the purpose for which the entity is established.



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