INCOME TAX ASSESSMENT ACT 1936 (ARCHIVE)
PART III
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LIABILITY TO TAXATION
Division 11A
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Dividends, interest and royalties paid to non-residents and to certain other persons
Subdivision A
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General
SECTION 128L
128L
TREATMENT OF TWO OR MORE ENTERPRISES AS ONE
Where:
(a) 2 or more steps in the production and distribution of goods involve the operations of 2 or more enterprises, or the operations of 2 or more enterprises are otherwise related; and
(b) the Commissioner is satisfied that the beneficial interests of Australian entities and entities that are not Australian entities in relation to the entities carrying on those enterprises have been arranged in a particular way with a view to obtaining benefits under this Division that would not otherwise be obtainable,
Where:
(a) 2 or more steps in the production and distribution of goods involve the operations of 2 or more enterprises, or the operations of 2 or more enterprises are otherwise related; and
(b) the Commissioner is satisfied that the beneficial interests of Australian entities and entities that are not Australian entities in relation to the entities carrying on those enterprises have been arranged in a particular way with a view to obtaining benefits under this Division that would not otherwise be obtainable,
the Commissioner may, for the purposes of this Division, treat those enterprises as if they were one enterprise.
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