Income Tax Assessment Act 1997
View history note
Hide history noteSECTION 768-900 768-900 What this Subdivision is about
This Subdivision modifies the general tax rules for people in Australia who are temporary residents, whether Australian residents or foreign residents.
Generally foreign income derived by temporary residents is non-assessable non-exempt income and capital gains and losses they make are also disregarded for CGT purposes. There are some exceptions for employment-related income and capital gains on shares and rights acquired under employee share schemes.
Temporary residents are also partly relieved of record-keeping obligations in relation to the controlled foreign company rules.
Interest paid by temporary residents is not subject to withholding tax and may be non-assessable non-exempt income for a foreign resident.
| Operative provisions | |
| 768-905 | Objects |
| 768-910 | Income derived by temporary resident |
| 768-915 | Certain capital gains and capital losses of temporary resident to be disregarded |
| 768-920 | (Repealed by No 133 of 2009 ) |
| 768-925 | (Repealed by No 133 of 2009 ) |
| 768-930 | (Repealed by No 133 of 2009 ) |
| 768-935 | (Repealed by No 133 of 2009 ) |
| 768-940 | (Repealed by No 133 of 2009 ) |
| 768-945 | (Repealed by No 133 of 2009 ) |
| 768-950 | Individual becoming an Australian resident |
| 768-955 | Temporary resident who ceases to be temporary resident but remains an Australian resident |
| 768-960 | Temporary resident not attributable taxpayer for purposes of controlled foreign companies rules |
| 768-965 | (Repealed by No 114 of 2010) |
| 768-970 | Modification of rules for accruals system of taxation of certain non-resident trust estates |
| 768-975 | (Repealed by No 114 of 2010) |
| 768-980 | Interest paid by temporary resident |
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