Income Tax Assessment Act 1936
PART III
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LIABILITY TO TAXATION
Division 9A
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Offshore banking units
Subdivision B
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Interpretation
SECTION 121E
121E
MEANING OF
OFFSHORE PERSON
A reference to an offshore person, in relation to the doing of any thing by an OBU ( the first OBU ), is a reference to:
(a) a non-resident whose involvement in the doing of the thing does not occur in carrying on business in Australia at or through a permanent establishment of that person; or
(b) a resident whose involvement in the doing of the thing occurs in carrying on business in a country outside Australia at or through a permanent establishment of the person; or
(c) another OBU ( the second OBU ), where, if the doing of the thing involves the payment of any money (for example a loan of money) by the second OBU to the first OBU, the second OBU gives, at or before the time of the payment, a statement in writing to the first OBU to the effect that none of the money is non-OB money of the second OBU.
View history note
Hide history noteA reference to an offshore person, in relation to the doing of any thing by an OBU ( the first OBU ), is a reference to:
(a) a non-resident whose involvement in the doing of the thing does not occur in carrying on business in Australia at or through a permanent establishment of that person; or
(b) a resident whose involvement in the doing of the thing occurs in carrying on business in a country outside Australia at or through a permanent establishment of the person; or
(c) another OBU ( the second OBU ), where, if the doing of the thing involves the payment of any money (for example a loan of money) by the second OBU to the first OBU, the second OBU gives, at or before the time of the payment, a statement in writing to the first OBU to the effect that none of the money is non-OB money of the second OBU.
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