Income Tax Assessment Act 1936

PART III - LIABILITY TO TAXATION  

Division 9A - Offshore banking units  

Subdivision A - Object and simplified outline  

SECTION 121B   SIMPLIFIED OUTLINE  

121B(1)   Scope of section.  

The following is a simplified outline of the Division.

121B(2)   Main concepts.  

Subdivision B sets out the concepts used in the Division, the most important being:

(a)    

OB activity (sections 121D , 121EA and 121EAA ) together with the related definition of offshore person (section 121E ); and

(b)    

special income and allowable deduction definitions relating to OB activities (sections 121EDA to 121EF ).

121B(3)   Operative provisions.  

Subdivision C contains the operative provisions. Basically, they provide as follows:


(a) (Repealed by No 110 of 2021)


(b) (Repealed by No 110 of 2021)


(c) (Repealed by No 143 of 2007 )

(d)    

income from OB activities is taken to be Australian sourced;

(e)    a deemed interest penalty applies to equity provided by an OBU's resident owner;

(f)    income of OBU offshore investment trusts is exempt from tax;

(g)    

income derived by overseas charitable institutions from OBUs is exempt from tax;

(h)    

certain adjustments are made to the capital gains and losses that flow from disposals of certain interests in trusts of which an OBU is the trustee.


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