INCOME TAX ASSESSMENT ACT 1936 (ARCHIVE)

PART III - LIABILITY TO TAXATION  

Division 7 - Private companies  

SECTION 105AAC  

105AAC   SPECIAL PROVISIONS RELATING TO YEAR OF INCORPORATION OR WINDING UP OF COMPANY  
For the purposes of sections 105A , 105AAA and 105AAB -

(a) where a private company paid, in the year of income in which it was incorporated, a dividend to which subsection 105A(2) applies - a reference to the first 2 months of the period that is the prescribed period in relation to the company in relation to a year of income shall, in relation to the year of income in which the company was incorporated, be read as a reference to the period that commenced on the day on which the company was incorporated and ended on the last day of that year of income;

(b) where a private company was incorporated during the last 2 months of a year of income (excluding the case where the company was incorporated on the first day of that period of 2 months) - a reference to the first 2 months of the period that is the prescribed period in relation to the company in relation to a year of income shall, in relation to the year of income in which the company was incorporated, be read as a reference to the period that commenced on the day on which the company was incorporated and ended on the last day of that year of income; and

(c) where a private company is wound up during the last 2 months of a year of income (excluding the case where the company is wound up on the first day of that period of 2 months) - a reference to the first 2 months of the period that is the prescribed period in relation to the company in relation to a year of income shall, in relation to the year of income in which the company was wound up, be read as a reference to the period that commenced on the first day of that prescribed period and ended on the day on which the company was wound up.

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