Income Tax Assessment Act 1936
So far as a provision of the Income Tax Assessment Act 1936 gives an expression a particular meaning, the provision does not also have effect for the purposes of the Income Tax Assessment Act 1997 (the 1997 Act ), or for the purposes of Schedule 1 to the Taxation Administration Act 1953 , except as provided in the 1997 Act or in that Schedule.
S 6(1AA) amended by No 178 of 1999 and inserted by No 39 of 1997.
6(1)
In this Act, unless the contrary intention appears:
100
%
subsidiary
has the same meaning as in the
Income Tax Assessment Act 1997
.
Definition of " 100 % subsidiary " inserted by No 46 of 1998.
accrued leave transfer payment
(Repealed by No 56 of 2010)
Definition of " accrued leave transfer payment " repealed by No 56 of 2010, s 3 and Sch 6 item 114, effective 3 June 2010. The definition formerly read:
accrued leave transfer payment
has the meaning given by section 6G.
Definition of " accrued leave transfer payment " inserted by No 17 of 1993.
adjusted fringe benefits total
, of a taxpayer for a year of income, has the meaning given by clause
4
of Schedule
3
to the
A New Tax System (Family Assistance) Act 1999
.
Definition of
"
adjusted fringe benefits total
"
substituted by No 55 of 2016, s 3 and Sch 15 item 2, effective 1 January 2017. No 55 of 2016, s 3 and Sch 15 items 5(8)
-
(12) contain the following application provisions:
5 Application provisions
…
Rebate for medical expenses
(8)
The amendments apply in relation to working out whether a taxpayer is entitled to a rebate of tax, and the amount of the rebate, under section
159P
of the
Income Tax Assessment Act 1936
in respect of a year of income beginning on or after 1 January 2017.
Rebate for low income aged persons and pensioners
(9)
The amendments apply in relation to working out whether a taxpayer is entitled to a rebate of tax under section
160AAAA
of the
Income Tax Assessment Act 1936
in respect of a year of income beginning on or after 1 January 2017.
(10)
The amendments apply in relation to working out whether a trustee is entitled to a rebate of tax under section
160AAAB
of the
Income Tax Assessment Act 1936
in respect of a year of income beginning on or after 1 January 2017.
Dependant (invalid and carer) tax offset
(11)
The amendments apply in relation to working out whether an individual is entitled to a tax offset, and the amount of the offset, under section
61-10
of the
Income Tax Assessment Act 1997
for an income year beginning on or 1 January 2017.
Dependant (non-student child under 21 or student) notional tax offset
(12)
The amendments apply in relation to working out the amount of an individual
'
s notional tax offset under Subdivision
961-A
of the
Income Tax Assessment Act 1997
for an income year beginning on or 1 January 2017.
The definition formerly read:
of a taxpayer for a year of income is the amount worked out using the formula:
Taxpayer ' s reportable
fringe benefits total× (1 - FBT rate) where:
FBT rate
is the rate of tax set by the Fringe Benefits Tax Act 1986 for the FBT year (as defined in the Fringe Benefits Tax Assessment Act 1986 ) beginning on the 1 April just before the start of the year of income.
Definition of " adjusted fringe benefits total " inserted by No 27 of 2009, s 3 and Sch 3 item 1, applicable in relation to income years starting on or after 1 July 2009.
adjusted taxable income for rebates
means adjusted taxable income (within the meaning of the
A New Tax System (Family Assistance) Act 1999
, disregarding clauses
3
and
3A
of Schedule
3
to that Act).
Definition of " adjusted taxable income for rebates " inserted by No 84 of 2013, s 3 and Sch 5 item 1, applicable to assessments for the 2012-13 year of income and later years of income.
AFOF
means an Australian venture capital fund of funds within the meaning of subsection
118-410(3)
of the
Income Tax Assessment Act 1997
.
Definition of " AFOF " inserted by No 136 of 2002.
agent
: this Act applies to some entities (within the meaning of the
Income Tax Assessment Act 1997
) that are not agents in the same way as it applies to agents: see section
960-105
of the
Income Tax Assessment Act 1997
.
Definition of
"
agent
"
substituted by No 56 of 2010, s 3 and Sch 6 item 118, effective 3 June 2010. No 56 of 2010, s 3 and Sch 6 item 119 contains the following transitional provision:
119 Transitional provision relating to agents
119
A declaration in force for the purposes of paragraph (b) of the definition of
agent
in subsection
6(1)
of the
Income Tax Assessment Act 1936
immediately before the repeal of that definition continues to have effect on and after that repeal as if it were a determination under subsection
960-105(2)
of the
Income Tax Assessment Act 1997
.
The definition formerly read:
agent
includes:
(a) every person who in Australia, for or on behalf of any person out of Australia holds or has the control, receipt or disposal of any money belonging to that person; and
(b) every person declared by the Commissioner to be an agent or the sole agent of any person for any of the purposes of this Act.
Agriculture Secretary
(Repealed by No 110 of 2014)
Definition of " Agriculture Secretary " repealed by No 110 of 2014, s 3 and Sch 5 item 7(a), effective 16 October 2014. The definition formerly read:
Agriculture Secretary
has the meaning given by the Income Tax Assessment Act 1997 .
Definition of " Agriculture Secretary " inserted by No 88 of 2009, s 3 and Sch 5 item 21, effective 18 September 2009.
allowable deduction
has the same meaning as
deduction
has in the
Income Tax Assessment Act 1997
.
Definition of " allowable deduction " substituted by No 56 of 2010, s 3 and Sch 6 item 120, effective 3 June 2010. The definition formerly read:
allowable deduction
means a deduction allowable under this Act.
AMIT
(short for
attribution managed investment trust
) has the same meaning as in the
Income Tax Assessment Act 1997
.
Definition of " AMIT " inserted by No 53 of 2016, s 3 and Sch 6 item 1, effective 5 May 2016. For application provision, see note under s 128AF .
amount paid-up
on a share means the amount (if any), including any premium, paid on that share.
Definition of " amount paid-up " inserted by No 63 of 1998.
amount unpaid
on a share means the amount (if any) unpaid on that share.
Definition of " amount unpaid " inserted by No 63 of 1998.
apportionable deductions
has the meaning given by subsection
995-1(1)
of the
Income Tax Assessment Act 1997
.
approved form
has the meaning given by section
388-50
in Schedule
1
to the
Taxation Administration Act 1953
.
Definition of " approved form " inserted by No 91 of 2000.
approved stock exchange
has the same meaning as in the
Income Tax Assessment Act 1997
.
Definition of " approved stock exchange " inserted by No 114 of 2010, s 3 and Sch 1 item 1, effective 14 July 2010.
Arts Department
(Repealed by No 110 of 2014)
Definition of " Arts Department " repealed by No 110 of 2014, s 3 and Sch 5 item 7(b), effective 16 October 2014. The definition formerly read:
Arts Department
has the meaning given by the Income Tax Assessment Act 1997 .
Definition of " Arts Department " inserted by No 88 of 2009, s 3 and Sch 5 item 22, effective 18 September 2009.
Arts Minister
(Repealed by No 110 of 2014)
Definition of " Arts Minister " repealed by No 110 of 2014, s 3 and Sch 5 item 7(c), effective 16 October 2014. The definition formerly read:
Arts Minister
has the meaning given by the Income Tax Assessment Act 1997 .
Definition of " Arts Minister " inserted by No 88 of 2009, s 3 and Sch 5 item 23, effective 18 September 2009.
Arts Secretary
(Repealed by No 110 of 2014)
Definition of " Arts Secretary " repealed by No 110 of 2014, s 3 and Sch 5 item 7(d), effective 16 October 2014. The definition formerly read:
Arts Secretary
has the meaning given by the Income Tax Assessment Act 1997 .
Definition of " Arts Secretary " inserted by No 88 of 2009, s 3 and Sch 5 item 24, effective 18 September 2009.
assessable income
has the meaning given by subsection
995-1(1)
of the
Income Tax Assessment Act 1997
.
(a) the ascertainment:
(i) of the amount of taxable income (or that there is no taxable income); and
(ii) of the tax payable on that taxable income (or that no tax is payable); and
(iii) of the total of a taxpayer ' s tax offset refunds for a year of income (or that the taxpayer can get no such refunds for the year of income); or
Note 1:
A taxpayer does not have a taxable income if the taxpayer ' s deductions equal or exceed the taxpayer ' s assessable income: see subsection 4-15(1) of the Income Tax Assessment Act 1997 .
Note 2:
A taxpayer may have no tax payable on an amount of taxable income if that income is below the tax-free threshold or if the taxpayer ' s tax offsets reduce the taxpayer ' s basic income tax liability to nil.
(b) (Repealed by No 53 of 2016)
(c) for a taxpayer that is the trustee of a unit trust that is a public trading trust (within the meaning of section 102R ) - the ascertainment:
(i) of the net income of the trust (within the meaning of section 102M ) (or that there is no net income); and
(ii) of the tax payable on that net income (or that no tax is payable); and
(iii) of the total of a taxpayer ' s tax offset refunds for a year of income (or that the taxpayer can get no such refunds for the year of income); or
(d) for a taxpayer that is the trustee of a trust estate (other than a trustee to which paragraph (b) or (c) applies or the trustee of a complying superannuation fund, a non-complying superannuation fund, a complying approved deposit fund, a non-complying approved deposit fund or a pooled superannuation trust) - the ascertainment:
(i) of so much of the net income of the trust estate as is net income in respect of which the trustee is liable to pay tax (or that there is no net income in respect of which the trustee is so liable); and
(ii) of the tax payable on that net income (or that no tax is payable); and
(iii) of the total of a taxpayer ' s tax offset refunds for a year of income (or that the taxpayer can get no such refunds for the year of income); or
(e) the ascertainment of the amount of interest payable under section 102AAM (about distributions from non-resident trust estates); or
(f) (Repealed by No 15 of 2017)
(g) (Repealed by No 4 of 2018)
(h) the ascertainment of the amount of income tax payable on the no-TFN contributions income as defined by section 295-610 of the Income Tax Assessment Act 1997 (or that no tax is payable); or
(i) (Repealed by No 70 of 2015)
(j) the ascertainment of the amount payable (or that no amount is payable) under the following:
(i) subsection 276-105(2) of the Income Tax Assessment Act 1997 (AMIT trustee taxed on amounts attributed to foreign resident members);
(ii) subsection 276-340(2) of that Act (AMIT trustee taxed on trust component deficit of character relating to tax offset);
(iii) subsection 276-405(2) of that Act (AMIT trustee taxed on shortfall in determined member components of character relating to assessable income);
(iv) subsection 276-410(2) of that Act (AMIT trustee taxed on excess in determined member components of character relating to tax offset);
(v) subsection 276-415(2) of that Act (AMIT trustee taxed on amounts of determined trust component that are not reflected in member components);
(vi) subsection 276-420(2) of that Act (AMIT trustee taxed on amounts of under of character relating to assessable income not properly carried forward);
(vii) subsection 276-425(2) of that Act (AMIT trustee taxed on amounts of over of character relating to tax offset not properly carried forward); or
(k) the ascertainment of the amount payable under subsection 177P(1) (diverted profits tax).
Definition of " assessment " amended by No 4 of 2018, s 3 and Sch 6 item 4, by repealing para (g), effective 21 February 2018. For application provisions, see note under Pt III Div 16L heading. Para (g) formerly read:
(g) the ascertainment of an amount of tax under section 159GZZZZH; or
Definition of " assessment " amended by No 27 of 2017, s 3 and Sch 1 item 2, by inserting para (k), applicable in relation to DPT tax benefits for a year of income that starts on or after 1 July 2017 (whether or not the DPT tax benefit arises in connection with a scheme that was entered into, or was commenced to be carried out, before 1 July 2017).
Definition of " assessment " amended by No 15 of 2017, s 3 and Sch 4 item 20, by repealing para (f), effective 1 April 2017. Para (f) formerly read:
(f) the ascertainment of an amount of additional tax under section 128TE; or
Definition of " assessment " amended by No 53 of 2016, s 3 and Sch 6 item 2, by inserting para (j), effective 5 May 2016. For application provision, see note under s 128AF .
Definition of " assessment " amended by No 53 of 2016, s 3 and Sch 5 item 6, by repealing para (b), applicable to assessments for income years starting on or after 1 July 2016. For transitional provision, see note under Pt III Div 6B heading. Para (b) formerly read:
(b) for a taxpayer that is the trustee of a unit trust that is a corporate unit trust (within the meaning of section 102J) - the ascertainment:
(i) of the net income of the trust (within the meaning of section 102D) (or that there is no net income); and
(ii) of the tax payable on that net income (or that no tax is payable); and
(iii) of the total of the taxpayer ' s tax offset refunds for a year of income (or that the taxpayer can get no such refunds for the year of income); or
Definition of " assessment " amended by No 70 of 2015, s 3 and Sch 1 items 47 and 48, by substituting " payable). " for " payable); or " in para (h) and repealing para (i), effective 1 July 2015. Para (i) formerly read:
(i) the ascertainment of an amount of FHSA misuse tax (within the meaning of the Income Tax Assessment Act 1997 ) (or that no tax is payable).
Definition of " assessment " amended by No 88 of 2013, s 3 and Sch 5 item 11, by substituting paras (a) to (d), applicable to assessments made on or after 1 July 2013 for the 2013-14 income year or later income years. The paras formerly read:
(a) the ascertainment of the amount of taxable income (or that there is no taxable income) and of the tax payable on that taxable income (or that no tax is payable); orNote 1:
A taxpayer does not have a taxable income if the taxpayer ' s deductions equal or exceed the taxpayer ' s assessable income: see subsection 4-15(1) of the Income Tax Assessment Act 1997 .
Note 2:
A taxpayer may have no tax payable on an amount of taxable income if that income is below the tax-free threshold or if the taxpayer ' s tax offsets reduce the taxpayer ' s basic income tax liability to nil.
(b) for a taxpayer being the trustee of a unit trust that is a corporate unit trust within the meaning of section 102J - the ascertainment of the net income of the trust as defined by section 102D (or that there is no net income) and of the tax payable on that net income (or that no tax is payable); or
(c) for a taxpayer being the trustee of a unit trust that is a public trading trust within the meaning of section 102R - the ascertainment of the net income of the trust as defined by section 102M (or that there is no net income) and of the tax payable on that net income (or that no tax is payable); or
(d) for any other taxpayer that is the trustee of a trust estate but excluding a taxpayer that is the trustee of a complying superannuation fund, a non-complying superannuation fund, a complying approved deposit fund, a non-complying approved deposit fund or a pooled superannuation trust - the ascertainment of so much of the net income of the trust estate as is net income in respect of which the trustee is liable to pay tax (or that there is no net income in respect of which the trustee is so liable) and of the tax payable on that net income (or that no tax is payable); or
Definition of " assessment " amended by No 45 of 2008, s 3 and Sch 1 item 2, by inserting para (i) at the end, effective 26 June 2008.
Definition of " assessment " amended by No 15 of 2007, s 3 and Sch 1 item 22, by substituting " a complying superannuation fund, a non-complying superannuation fund, a complying approved deposit fund, a non-complying approved deposit fund or a pooled superannuation trust " for " a fund or unit trust referred to in paragraph (a), (b) or (c) of the definition of eligible entity in subsection 267(1) " in para (d), applicable to the 2007-2008 income year and later years.
Definition of " assessment " amended by No 9 of 2007 , s 3 and Sch 1 item 3, by inserting para (h), applicable to the 2007-2008 income year and later years.
Definition of " assessment " substituted by No 161 of 2005; amended by No 11 of 1999; No 169 of 1995; No 5 of 1991; No 20 of 1990 and No 123 of 1984.
attribution managed investment trust
: see
AMIT
.
Definition of " attribution managed investment trust " inserted by No 53 of 2016, s 3 and Sch 6 item 3, effective 5 May 2016. For application provision, see note under s 128AF .
Australia
has the same meaning as in the
Income Tax Assessment Act 1997
.
Definition of " Australia " inserted by No 2 of 2015, s 3 and Sch 4 item 9, applicable to an income year, a year of income or a tax period that commences on or after 1 July 2015.
Australian superannuation fund
has the meaning given by subsection
995-1(1)
of the
Income Tax Assessment Act 1997
.
Definition of " Australian superannuation fund " inserted by No 15 of 2007, s 3 and Sch 1 item 23, applicable to the 2007-2008 income year and later years.
bank
or
banker
includes, but is not limited to, a body corporate that is an ADI (authorised deposit-taking institution) for the purposes of the
Banking Act 1959
.
Definition of " bank " or " banker " inserted by No 48 of 1998.
base interest rate
has the meaning given by subsection
995-1(1)
of the
Income Tax Assessment Act 1997
.
Definition of " base interest rate " inserted by No 101 of 2006 , s 3 and Sch 2 item 120, effective 14 September 2006. For application and savings provisions see the CCH Australian Income Tax Legislation archive .
basic income tax liability
has the meaning given by section
4-10
of the
Income Tax Assessment Act 1997
.
Definition of " basic income tax liability " inserted by No 43 of 2011, s 3 and Sch 2 item 1, applicable to assessments for the 2011-12 income year and later income years.
Board of Referees
(Repealed by No 216 of 1973)
business
has the meaning given by subsection
995-1(1)
of the
Income Tax Assessment Act 1997
.
capital gain
has the same meaning as in the
Income Tax Assessment Act 1997
.
Definition of " capital gain " substituted by No 46 of 1998 and inserted by No 147 of 1997.
capital loss
has the same meaning as in the
Income Tax Assessment Act 1997
.
Definition of " capital loss " substituted by No 46 of 1998 and inserted by No 147 of 1997.
capital proceeds
has the same meaning as in the
Income Tax Assessment Act 1997
.
Definition of " capital proceeds " inserted by No 46 of 1998.
CGT asset
has the same meaning as in the
Income Tax Assessment Act 1997
.
Definition of " CGT asset " inserted by No 46 of 1998.
CGT event
has the same meaning as in the
Income Tax Assessment Act 1997
.
Definition of " CGT event " inserted by No 46 of 1998.
Chief Executive Centrelink
has the same meaning as in the
Human Services (Centrelink) Act 1997
.
Definition of " Chief Executive Centrelink " inserted by No 32 of 2011, s 3 and Sch 4 item 282, effective 1 July 2011. For transitional provisions see note under s 202CB(6) .
child
has the meaning given by subsection
995-1(1)
of the
Income Tax Assessment Act 1997
.
Commissioner
means the Commissioner of Taxation.
Commonwealth education or training payment
has the meaning given by subsection
995-1(1)
of the
Income Tax Assessment Act 1997
.
Commonwealth securities
(Repealed by No 64 of 2020)
Definition of " Commonwealth securities " repealed by No 64 of 2020, s 3 and Sch 3 item 203, effective 1 October 2020. For transitional provisions, see note under s 130 . The definition formerly read:
Commonwealth securities
means bonds, debentures, stock or other securities issued under an Act, but does not include:
(a) securities (not being securities to which paragraph (b) applies) issued in respect of a loan raised outside Australia unless there is in force a declaration by the Minister, published in the Gazette , that those securities shall be Commonwealth securities for the purposes of this Act; or
(b) securities issued after 12 April 1976 by a bank.
Definition of " Commonwealth securities " amended by No 110 of 2014, s 3 and Sch 5 item 8, by substituting " Minister " for " Treasurer " in para (a), effective 16 October 2014.
Definition of " Commonwealth securities " substituted by No 50 of 1976.
Former definition inserted by No 17 of 1961.
company
has the meaning given by subsection
995-1(1)
of the
Income Tax Assessment Act 1997
.
complying approved deposit fund
has the meaning given by subsection
995-1(1)
of the
Income Tax Assessment Act 1997
.
Definition of " complying approved deposit fund " inserted by No 15 of 2007, s 3 and Sch 1 item 24, applicable to the 2007-2008 income year and later years.
complying superannuation fund
has the meaning given by subsection
995-1(1)
of the
Income Tax Assessment Act 1997
.
Definition of " complying superannuation fund " inserted by No 15 of 2007, s 3 and Sch 1 item 25, applicable to the 2007-2008 income year and later years.
"concessional deductions"
(Repealed by No 107 of 1989)
Definition of " concessional deductions " omitted by No 107 of 1989 and amended by No 108 of 1981; No 117 of 1975; No 126 of 1974 and No 51 of 1973.
consolidated group
has the same meaning as in the
Income Tax Assessment Act 1997
.
Definition of " consolidated group " inserted by No 117 of 2002.
constituent document
, in relation to a company, means the memorandum and articles of association of the company, or any rules or other document constituting the company or governing its activities.
corporate limited partnership
has the meaning given by section
94D
.
Definition of " corporate limited partnership " inserted by No 75 of 2010, s 3 and Sch 1 item 1, applicable in relation to: (a) payments made; and (b) loans made; and (c) debts forgiven; on or after 1 July 2009.
corporate tax entity
has the same meaning as in the
Income Tax Assessment Act 1997
.
Definition of " corporate tax entity " inserted by No 23 of 2005.
corporate tax rate
has the same meaning as in the
Income Tax Assessment Act 1997
.
Definition of " corporate tax rate " inserted by No 23 of 2005.
cost base
of a CGT asset has the same meaning as in the
Income Tax Assessment Act 1997
.
Definition of " cost base " inserted by No 46 of 1998.
creditable acquisition
has the meaning given by section 195-1 of the GST Act.
Definition of " creditable acquisition " inserted by No 176 of 1999.
"daughter"
(Repealed by No 135 of 1990)
debenture
, in relation to a company, includes debenture stock, bonds, notes and any other securities of the company, whether constituting a charge on the assets of the company or not.
Definition of " debenture " inserted by No 54 of 1971.
debt interest
has the same meaning as in the
Income Tax Assessment Act 1997
.
Definition of " debt interest " inserted by No 163 of 2001.
deductible gift recipient
has the meaning given by the
Income Tax Assessment Act 1997
.
Definition of " deductible gift recipient " inserted by No 169 of 2012, s 3 and Sch 2 item 1, effective 3 December 2012.
Defence Department
(Repealed by No 145 of 2010)
Definition of " Defence Department " repealed by No 145 of 2010, s 3 and Sch 3 item 1, effective 17 December 2010. The definition formerly read:
Defence Department
means the Department that:
(a) deals with matters arising under section 1 of the Defence Act 1903 ; and
(b) is administered by the Defence Minister.
Definition of " Defence Department " inserted by No 88 of 2009, s 3 and Sch 5 item 25, effective 18 September 2009.
Defence Minister
(Repealed by No 145 of 2010)
Definition of " Defence Minister " repealed by No 145 of 2010, s 3 and Sch 3 item 2, effective 17 December 2010. The definition formerly read:
Defence Minister
has the meaning given by the Income Tax Assessment Act 1997 .
Definition of " Defence Minister " inserted by No 88 of 2009, s 3 and Sch 5 item 26, effective 18 September 2009.
Defence Secretary
(Repealed by No 145 of 2010)
Definition of " Defence Secretary " repealed by No 145 of 2010, s 3 and Sch 3 item 3, effective 17 December 2010. The definition formerly read:
Defence Secretary
means the Secretary of the Defence Department.
Definition of " Defence Secretary " inserted by No 88 of 2009, s 3 and Sch 5 item 27, effective 18 September 2009.
demerged entity
has the meaning given by section
125-70
of the
Income Tax Assessment Act 1997
.
Definition of " demerged entity " inserted by No 90 of 2002.
demerger
has the meaning given by section
125-70
of the
Income Tax Assessment Act 1997
.
Definition of " demerger " inserted by No 90 of 2002.
(a) the total market value of the allocation represented by the ownership interests issued by the demerged entity in itself under a demerger to the owners of ownership interests in the head entity of the demerger group; or
(b) the total market value of the allocation represented by the ownership interests disposed of by a member of a demerger group under a demerger to the owners of ownership interests in the head entity; or
(c) the total of both of those market values.
Definition of " demerger allocation " inserted by No 90 of 2002.
demerger dividend
means that part of a demerger allocation that is assessable as a dividend under subsection
44(1)
or that would be so assessable apart from subsections
44(3) and (4)
.
Definition of " demerger dividend " inserted by No 90 of 2002.
demerger group
has the meaning given by section
125-65
of the
Income Tax Assessment Act 1997
.
Definition of " demerger group " inserted by No 90 of 2002.
demerger subsidiary
has the meaning given by section
125-65
of the
Income Tax Assessment Act 1997
.
Definition of " demerger subsidiary " inserted by No 90 of 2002.
demerging entity
has the meaning given by section
125-70
of the
Income Tax Assessment Act 1997
.
Definition of " demerging entity " inserted by No 90 of 2002.
depreciating asset
has the same meaning as in the
Income Tax Assessment Act 1997
.
Definition of " depreciating asset " inserted by No 77 of 2001.
Deputy Commissioner
means a Deputy Commissioner of Taxation.
distribution
, when used in a franking context, has the same meaning as in the
Income Tax Assessment Act 1997
.
Definition of " distribution " inserted by No 23 of 2005.
diverted profits tax
has the meaning given by the
Income Tax Assessment Act 1997
.
Definition of " diverted profits tax " inserted by No 27 of 2017, s 3 and Sch 1 item 3, applicable in relation to DPT tax benefits for a year of income that starts on or after 1 July 2017 (whether or not the DPT tax benefit arises in connection with a scheme that was entered into, or was commenced to be carried out, before 1 July 2017).
(a) any distribution made by a company to any of its shareholders, whether in money or other property; and
(b) any amount credited by a company to any of its shareholders as shareholders;
(c) (Repealed by No 63 of 1998)
but does not include:
(d) moneys paid or credited by a company to a shareholder or any other property distributed by a company to shareholders (not being moneys or other property to which this paragraph, by reason of subsection (4), does not apply or moneys paid or credited, or property distributed for the redemption or cancellation of a redeemable preference share), where the amount of the moneys paid or credited, or the amount of the value of the property, is debited against an amount standing to the credit of the share capital account of the company; or
(e) moneys paid or credited, or property distributed, by a company for the redemption or cancellation of a redeemable preference share if:
(i) the company gives the holder of the share a notice when it redeems or cancels the share; and
(ii) the notice specifies the amount paid-up on the share immediately before the cancellation or redemption; and
except to the extent that the amount of those moneys or the value of that property, as the case may be, is greater than the amount specified in the notice as the amount paid-up on the share; or
(iii) the amount is debited to the company ' s share capital account;
(f) a reversionary bonus on a life assurance policy.
Note:
Subsection (4) sets out when paragraph (d) of this definition does not apply.
Definition of " dividend " amended by No 41 of 2011, s 3 and Sch 5 item 61, by inserting a note at the end, effective 27 June 2011.
Definition of " dividend " amended by No 83 of 2004, s 3 and Sch 1 item 108, by substituting " a life assurance policy " for " a policy of life-assurance " in para (f), applicable in relation to amounts received or derived by a taxpayer under or in relation to a life assurance policy after 25 June 2004.
Definition of " dividend " amended by No 63 of 1998; No 51 of 1973 and substituted by No 85 of 1967.
dividend (withholding) tax
(Repealed by No 85 of 1967)
Division 230 financial arrangement
has the same meaning as in the
Income Tax Assessment Act 1997
.
Definition of " Division 230 financial arrangement " inserted by No 15 of 2009 , s 3 and Sch 1 item 31, effective 26 March 2009.
dual resident investment company
has the meaning given by section
6F
.
Definition of " dual resident investment company " inserted by No 35 of 1990.
dwelling
has the meaning given by the
Income Tax Assessment Act 1997
.
Definition of " dwelling " inserted by No 75 of 2010, s 3 and Sch 1 item 2, applicable in relation to: (a) payments made; and (b) loans made; and (c) debts forgiven; on or after 1 July 2009.
Education Department
(Repealed by No 110 of 2014)
Definition of " Education Department " repealed by No 110 of 2014, s 3 and Sch 5 item 9(a), effective 16 October 2014. The definition formerly read:
Education Department
has the meaning given by the Income Tax Assessment Act 1997 .
Definition of " Education Department " inserted by No 88 of 2009, s 3 and Sch 5 item 28, effective 18 September 2009.
Education Secretary
(Repealed by No 15 of 2017)
Definition of " Education Secretary " repealed by No 15 of 2017, s 3 and Sch 4 item 21, effective 1 April 2017. The definition formerly read:
Education Secretary
has the meaning given by the Income Tax Assessment Act 1997 .
Definition of " Education Secretary " substituted by No 145 of 2010, s 3 and Sch 3 item 4, effective 17 December 2010. The definition formerly read:
Education Secretary
means the Secretary of the Education Department.
Definition of " Education Secretary " inserted by No 88 of 2009, s 3 and Sch 5 item 29, effective 18 September 2009.
eligible taxable income
has the meaning given by section
102AD
.
Definition of " eligible taxable income " inserted by No 43 of 2011, s 3 and Sch 2 item 2, applicable to assessments for the 2011-12 income year and later income years.
Employment Department
(Repealed by No 41 of 2011)
Definition of " Employment Department " repealed by No 41 of 2011, s 3 and Sch 5 item 15, effective 27 June 2011. The definition formerly read:
Employment Department
means the Department that:
(a) deals with matters arising under section 1 of the Fair Work Act 2009 ; and
(b) is administered by the Employment Minister.
Definition of " Employment Department " inserted by No 88 of 2009, s 3 and Sch 5 item 30, effective 18 September 2009.
Employment Minister
(Repealed by No 41 of 2011)
Definition of " Employment Minister " repealed by No 41 of 2011, s 3 and Sch 5 item 16, effective 27 June 2011. The definition formerly read:
Employment Minister
means the Minister administering section 1 of the Fair Work Act 2009 .
Definition of " Employment Minister " inserted by No 88 of 2009, s 3 and Sch 5 item 31, effective 18 September 2009.
Employment Secretary
has the meaning given by the
Income Tax Assessment Act 1997
.
Definition of " Employment Secretary " substituted by No 41 of 2011, s 3 and Sch 5 item 17, effective 27 June 2011. The definition formerly read:
Employment Secretary
means the Secretary of the Employment Department.
Definition of " Employment Secretary " inserted by No 88 of 2009, s 3 and Sch 5 item 32, effective 18 September 2009.
employment termination payment
has the same meaning as in the
Income Tax Assessment Act 1997
.
Definition of " employment termination payment " inserted by No 15 of 2007, s 3 and Sch 1 item 26, applicable to the 2007-2008 income year and later years.
equity holder
has the same meaning as in the
Income Tax Assessment Act 1997
.
Definition of " equity holder " inserted by No 163 of 2001.
equity interest
has the same meaning as in the
Income Tax Assessment Act 1997
.
Definition of " equity interest " inserted by No 163 of 2001.
ESVCLP
means an early stage venture capital limited partnership within the meaning of subsection
118-407(4)
of the
Income Tax Assessment Act 1997
.
Definition of " ESVCLP " inserted by No 78 of 2007 , s 3 and Sch 8 item 86, effective 21 June 2007.
exempt entity
has the same meaning as in the
Income Tax Assessment Act 1997
.
Definition of " exempt entity " inserted by No 46 of 1998.
exempt income
has the meaning given by section
6-20
of the
Income Tax Assessment Act 1997
.
Definition of " exempt income " substituted by No 39 of 1997.
exploration credit
has the same meaning as in the
Income Tax Assessment Act 1997
.
Definition of " exploration credit " inserted by No 21 of 2015, s 3 and Sch 6 item 3, applicable in relation to the 2015-16, 2016-17 and 2017-18 income years, but not in relation to any later income years.
exploration development incentive tax offset
(Repealed by No 15 of 2018)
Definition of " exploration development incentive tax offset " repealed by No 15 of 2018, s 3 and Sch 1 item 7, effective 1 April 2018. For application and transitional provisions, see note under s 177F(3) . The definition formerly read:
exploration development incentive tax offset
means a tax offset under Subdivision 418-B of the Income Tax Assessment Act 1997 .
Definition of " exploration development incentive tax offset " inserted by No 21 of 2015, s 3 and Sch 6 item 3, applicable in relation to the 2015-16, 2016-17 and 2017-18 income years, but not in relation to any later income years.
Families Secretary
has the meaning given by the
Income Tax Assessment Act 1997
.
Definition of " Families Secretary " inserted by No 88 of 2009, s 3 and Sch 5 item 33, effective 18 September 2009.
family tier 1 threshold
(Repealed by No 11 of 2014)
Definition of " family tier 1 threshold " repealed by No 11 of 2014, s 3 and Sch 3 item 3(a), effective 1 July 2019. The definition formerly read:
family tier 1 threshold
has the meaning given by the A New Tax System (Medicare Levy Surcharge - Fringe Benefits) Act 1999 .
Definition of " family tier 1 threshold " inserted by No 84 of 2013, s 3 and Sch 5 item 2, applicable to assessments for the 2012-13 year of income and later years of income.
farm management deposit
has the meaning given by the
Income Tax Assessment Act 1997
.
Definition of " farm management deposit " inserted by No 79 of 2010 , s 3 and Sch 4 item 9, effective 1 July 2010.
FHSA
(Repealed by No 70 of 2015)
Definition of " FHSA " repealed by No 70 of 2015, s 3 and Sch 1 item 49, effective 1 July 2015. The definition formerly read:
FHSA
has the meaning given by the First Home Saver Accounts Act 2008.
Definition of " FHSA " inserted by No 92 of 2008, s 3 and Sch 1 item 5, applicable from 1 October 2008.
FHSA trust
(Repealed by No 70 of 2015)
Definition of " FHSA trust " repealed by No 70 of 2015, s 3 and Sch 1 item 50, effective 1 July 2015. The definition formerly read:
FHSA trust
has the meaning given by the First Home Saver Accounts Act 2008 .
Definition of " FHSA trust " inserted by No 45 of 2008, s 3 and Sch 1 item 3, effective 26 June 2008.
FMD provider
has the meaning given by the
Income Tax Assessment Act 1997
.
Definition of " FMD provider " inserted by No 79 of 2010 , s 3 and Sch 4 item 10, effective 1 July 2010.
foreign superannuation fund
has the meaning given by subsection
995-1(1)
of the
Income Tax Assessment Act 1997
.
Definition of " foreign superannuation fund " substituted by No 15 of 2007, s 3 and Sch 1 item 27, applicable to the 2007-2008 income year and later years. The definition formerly read:
foreign superannuation fund
means a provident, benefit, superannuation or retirement fund:
(a) that was established in a country outside Australia;
(b) that was established, and is maintained and applied, for the sole purpose of providing superannuation benefits for persons other than persons who are, or would ordinarily be or become, residents of Australia or residents of a Territory (even if pensions are paid out of the fund to the latter persons); and
(c) the central management and control of which is carried on outside Australia by persons none of whom is a resident of Australia or a resident of a Territory;not being a fund for which an amount has been set aside, or to which an amount has been paid, by a taxpayer that is an amount that has been allowed or is allowable as a deduction, or in respect of which a rebate of tax has been allowed or is allowable, under any provision of this Act.
Definition of " foreign superannuation fund " amended by No 101 of 2006 , s 3 and Sch 2 items 125 and 126, by amending references to repealed inoperative provisions, and adding " (even if pensions are paid out of the fund to the latter persons) " after " Territory " in para (b), effective 14 September 2006. For application and savings provisions see the CCH Australian Income Tax Legislation archive .
Definition of " foreign superannuation fund " amended by No 181 of 1994, No 117 of 1975, No 216 of 1973 and inserted by No 85 of 1967.
foreign tax
has the meaning given by section
6AB
.
Definition of " foreign tax " inserted by No 75 of 2010, s 3 and Sch 1 item 3, applicable in relation to: (a) payments made; and (b) loans made; and (c) debts forgiven; on or after 1 July 2009.
frankable distribution
has the same meaning as in the
Income Tax Assessment Act 1997
.
Definition of " frankable distribution " inserted by No 23 of 2005.
franked part
of a distribution has the same meaning as in the
Income Tax Assessment Act 1997
.
Definition of " franked part " inserted by No 16 of 2003.
franking credit
has the same meaning as in the
Income Tax Assessment Act 1997
.
Definition of " franking credit " inserted by No 23 of 2005.
franking debit
has the same meaning as in the
Income Tax Assessment Act 1997
.
Definition of " franking debit " inserted by No 23 of 2005.
franking deficit tax
has the same meaning as in the
Income Tax Assessment Act 1997
.
Definition of " franking deficit tax " inserted by No 23 of 2005.
franking surplus
has the same meaning as in the
Income Tax Assessment Act 1997
.
Definition of " franking surplus " inserted by No 23 of 2005.
franks with an exempting credit
has the same meaning as in the
Income Tax Assessment Act 1997
.
Definition of " franks with an exempting credit " inserted by No 23 of 2005.
friendly society
has the meaning given by subsection
995-1(1)
of the
Income Tax Assessment Act 1997
.
friendly society dispensary
has the meaning given by subsection
995-1(1)
of the
Income Tax Assessment Act 1997
.
Definition of " friendly society dispensary " substituted by No 56 of 2010, s 3 and Sch 6 item 121, effective 3 June 2010. The definition formerly read:
friendly society dispensary
means an approved pharmaceutical chemist within the meaning of Part VII of the National Health Act 1953 , being a friendly society, or a friendly society body, within the meaning of that Part.
Definition of " friendly society dispensary " substituted by No 103 of 1983 and inserted by No 154 of 1981.
fringe benefit
has the meaning given by subsection
995-1(1)
of the
Income Tax Assessment Act 1997
.
Definition of " fringe benefit " inserted by No 101 of 2006 , s 3 and Sch 2 item 128, effective 14 September 2006. For application and savings provisions see the CCH Australian Income Tax Legislation archive .
full self-assessment taxpayer
, for a year of income (the
current year
), means any of the following:
(a) a company;
(b) (Repealed by No 53 of 2016)
(c) the trustee of a trust that is a public trading trust in relation to the current year for the purposes of Division 6C of Part III ;
(d) the trustee of a complying approved deposit fund or a non-complying approved deposit fund in relation to the current year;
(e) the trustee of a complying superannuation fund or a non-complying superannuation fund in relation to the current year;
(f) the trustee of a pooled superannuation trust in relation to the current year.
(g) (Repealed by No 70 of 2015)
Note:
A corporate limited partnership is taken to be a company under section 94J , so it will fall within paragraph (a) of this definition.
Definition of " full self-assessment taxpayer " amended by No 53 of 2016, s 3 and Sch 5 item 7, by repealing para (b), applicable to assessments for income years starting on or after 1 July 2016. For transitional provision, see note under Pt III Div 6B heading. Para (b) formerly read:
(b) the trustee of a trust that is a corporate unit trust in relation to the current year for the purposes of Division 6B of Part III;
Definition of " full self-assessment taxpayer " amended by No 70 of 2015, s 3 and Sch 1 items 51 and 52, by substituting " year. " for " year; " in para (f) and repealing para (g). Para (g) formerly read:
(g) the trustee of an FHSA trust in relation to the current year.
Definition of " full self-assessment taxpayer " amended by No 88 of 2009, s 3 and Sch 5 item 306, by inserting para (g) at the end, applicable in relation to:
Definition of " full self-assessment taxpayer " amended by No 15 of 2007, s 3 and Sch 1 item 28, by substituting paras (d), (e) and (f), applicable to the 2007-2008 income year and later years. Paras (d), (e) and (f) formerly read:
(d) the trustee of a fund that is an eligible ADF (as defined in section 267 ) in relation to the current year;
(e) the trustee of a fund that is an eligible superannuation fund (as defined in section 267 ) in relation to the current year;
(f) the trustee of a fund that is a pooled superannuation trust (as defined in section 267 ) in relation to the current year.
Definition of " full self-assessment taxpayer " inserted by No 179 of 1999.
fund payment
has the same meaning as in the
Income Tax Assessment Act 1997
.
Definition of " fund payment " inserted by No 79 of 2007 , s 3 and Sch 10 item 3, applicable to the first income year starting on or after the first 1 July after 21 June 2007 and later income years.
general insurance company
has the same meaning as in the
Income Tax Assessment Act 1997
.
Definition of " general insurance company " inserted by No 97 of 2002.
general insurance policy
has the same meaning as in the
Income Tax Assessment Act 1997
.
Definition of " general insurance policy " inserted by No 97 of 2002.
general interest charge
means the charge worked out under Part
IIA
of the
Taxation Administration Act 1953
.
Definition of " general interest charge " amended by No 101 of 2006 , s 3 and Sch 2 item 1023, by omitting the reference to a repealed inoperative division, effective 14 September 2006. For application and savings provisions see the CCH Australian Income Tax Legislation archive .
Definition of " general interest charge " inserted by No 11 of 1999.
general partner
has the meaning given by subsection
995-1(1)
of the
Income Tax Assessment Act 1997
.
GST Act
means the
A New Tax System (Goods and Services Tax) Act 1999
.
Definition of " GST Act " inserted by No 176 of 1999.
head company
of a consolidated group or a MEC group has the same meaning as in the
Income Tax Assessment Act 1997
.
Definition of " head company " inserted by No 117 of 2002.
head entity
of a demerger group has the meaning given by section
125-65
of the
Income Tax Assessment Act 1997
.
Definition of " head entity " inserted by No 90 of 2002.
Health Department
(Repealed by No 110 of 2014)
Definition of " Health Department " repealed by No 110 of 2014, s 3 and Sch 5 item 9(b), effective 16 October 2014. The definition formerly read:
Health Department
has the meaning given by the Income Tax Assessment Act 1997 .
Definition of " Health Department " substituted by No 145 of 2010, s 3 and Sch 3 item 5, effective 17 December 2010. The definition formerly read:
Health Department
means the Department that:
(a) deals with matters arising under section 1 of the National Health Act 1953 ; and
(b) is administered by the Health Minister.
Definition of " Health Department " inserted by No 88 of 2009, s 3 and Sch 5 item 34, effective 18 September 2009.
Health Minister
has the meaning given by the
Income Tax Assessment Act 1997
.
Definition of " Health Minister " substituted by No 145 of 2010, s 3 and Sch 3 item 6, effective 17 December 2010. The definition formerly read:
Health Minister
means the Minister administering section 1 of the National Health Act 1953 .
Definition of " Health Minister " inserted by No 88 of 2009, s 3 and Sch 5 item 35, effective 18 September 2009.
Health Secretary
(Repealed by No 110 of 2014)
Definition of " Health Secretary " repealed by No 110 of 2014, s 3 and Sch 5 item 9(c), effective 16 October 2014. The definition formerly read:
Health Secretary
means the Secretary of the Health Department.
Definition of " Health Secretary " inserted by No 88 of 2009, s 3 and Sch 5 item 36, effective 18 September 2009.
hold
, in relation to an RSA, has the same meaning as in the
Retirement Savings Accounts Act 1997
.
Definition of " hold " inserted by No 62 of 1997.
holder
, in relation to an RSA, has the same meaning as in the
Retirement Savings Accounts Act 1997
.
Definition of " holder " inserted by No 62 of 1997.
Housing Secretary
(Repealed by No 110 of 2014)
Definition of " Housing Secretary " repealed by No 110 of 2014, s 3 and Sch 5 item 9(d), effective 16 October 2014. The definition formerly read:
Housing Secretary
has the meaning given by the Income Tax Assessment Act 1997 .
Definition of " Housing Secretary " inserted by No 88 of 2009, s 3 and Sch 5 item 37, effective 18 September 2009.
Immigration Department
(Repealed by No 110 of 2014)
Definition of " Immigration Department " repealed by No 110 of 2014, s 3 and Sch 5 item 9(e), effective 16 October 2014. The definition formerly read:
Immigration Department
means the Department that:
(a) deals with matters arising under section 1 of the Migration Act 1958 ; and
(b) is administered by the Immigration Minister.
Definition of " Immigration Department " inserted by No 88 of 2009, s 3 and Sch 5 item 38, effective 18 September 2009.
Immigration Minister
(Repealed by No 110 of 2014)
Definition of " Immigration Minister " repealed by No 110 of 2014, s 3 and Sch 5 item 9(f), effective 16 October 2014. The definition formerly read:
Immigration Minister
means the Minister administering section 1 of the Migration Act 1958 .
Definition of " Immigration Minister " inserted by No 88 of 2009, s 3 and Sch 5 item 39, effective 18 September 2009.
Immigration Secretary
(Repealed by No 110 of 2014)
Definition of " Immigration Secretary " repealed by No 110 of 2014, s 3 and Sch 5 item 9(g), effective 16 October 2014. The definition formerly read:
Immigration Secretary
means the Secretary of the Immigration Department.
Definition of " Immigration Secretary " inserted by No 88 of 2009, s 3 and Sch 5 item 40, effective 18 September 2009.
income from personal exertion
or
income derived from personal exertion
means income consisting of earnings, salaries, wages, commissions, fees, bonuses, pensions, superannuation allowances, retiring allowances and retiring gratuities, allowances and gratuities received in the capacity of employee or in relation to any services rendered, the proceeds of any business carried on by the taxpayer either alone or as a partner with any other person, any amount received as a bounty or subsidy in carrying on a business, any amount that is included in the assessable income of the taxpayer by reason of section
393-10
of the
Income Tax Assessment Act 1997
, the income from any property where that income forms part of the emoluments of any office or employment of profit held by the taxpayer, and any profit arising from the sale by the taxpayer of any property acquired by the taxpayer for the purpose of profit-making by sale or from the carrying on or carrying out of any profit-making undertaking or scheme, but does not include:
(a) interest, unless the taxpayer ' s principal business consists of the lending of money, or unless the interest is received in respect of a debt due to the taxpayer for goods supplied or services rendered by the taxpayer in the course of the taxpayer ' s business; or
(b) rents, dividends or non-share dividends.
Definition of " income from personal exertion " or " income derived from personal exertion " amended by No 41 of 2011, s 3 and Sch 5 Pt 27, by removing gender-specific language, effective 27 June 2011.
Definition of " income from personal exertion " or " income derived from personal exertion " amended by No 79 of 2010 , s 3 and Sch 4 item 11, by substituting " section 393-10 of the Income Tax Assessment Act 1997 " for " section 393-15 of Schedule 2G " , effective 1 July 2010.
Definition of " income from personal exertion " or " income derived from personal exertion " amended by No 101 of 2006 , s 3 and Sch 2 item 130, by amending references to repealed inoperative provisions, effective 14 September 2006. For application and savings provisions see the CCH Australian Income Tax Legislation archive .
Definition of " income from personal exertion " or " income derived from personal exertion " amended by No 163 of 2001.
Definition of " income from personal exertion " or " income derived from personal exertion " amended by No 85 of 1998; No 138 of 1994; No 205 of 1976 and No 126 of 1974.
income from property
or
income derived from property
means all income not being income from personal exertion.
income tax
means income tax imposed as such by any Act, as assessed under this Act, but, except in section
260
, does not include mining withholding tax or withholding tax.
Definition of " income tax " inserted by No 110 of 2014, s 3 and Sch 5 item 96, effective 16 October 2014.
income tax or tax
(Repealed by No 110 of 2014)
Definition of " income tax or tax " repealed by No 110 of 2014, s 3 and Sch 5 item 95, effective 16 October 2014. The definition formerly read:
income tax or tax
means income tax imposed as such by any Act, as assessed under this Act, but, except in section 260 , does not include mining withholding tax or withholding tax.
Definition of " income tax " or " tax " amended by No 101 of 2006 , s 3 and Sch 2 item 131, by adding " , but, except in section 260, does not include mining withholding tax or withholding tax " after " this Act " , effective 14 September 2006. For application and savings provisions see the CCH Australian Income Tax Legislation archive .
Definition of " income tax " or " tax " substituted by No 39 of 1997.
Indigenous land
has the same meaning as in the
Income Tax Assessment Act 1997
.
Definition of " Indigenous land " inserted by No 84 of 2013, s 3 and Sch 1 item 10, effective 28 June 2013.
Indigenous person
has the same meaning as in the
Income Tax Assessment Act 1997
.
Definition of " Indigenous person " inserted by No 84 of 2013, s 3 and Sch 1 item 11, effective 28 June 2013.
industrial, commercial or scientific equipment
means industrial, commercial or scientific equipment to the extent that an amount paid or credited as consideration for the use of the equipment, or for the right to use the equipment, is not rent from land (including rent from an interest in land or rent from fixtures on land).
Definition of
"
industrial, commercial or scientific equipment
"
inserted by No 34 of 2019, s 3 and Sch 1 item 15, effective 1 July 2019. No 34 of 2019, s 3 and Sch 1 item 16 contains the following application provision:
16 Application
(1)
The amendments made by this Schedule apply to a fund payment made by a managed investment trust in relation to an income year if:
(a)
the fund payment is made on or after 1 July 2019; and
(b)
the income year is the 2019-20 income year or a later income year.
(2)
To avoid doubt, the amendments made by this Schedule also apply for the purposes of working out the MIT cross staple arrangement income of a managed investment trust for a previous income year as mentioned in section
12-438
in Schedule
1
to the
Taxation Administration Act 1953
(as inserted by this Schedule).
…
(5)
Despite subitem (1), the amendment made by item 15 of this Schedule (which relates to the definition of
industrial, commercial or scientific equipment
in the
Income Tax Assessment Act 1936
) applies in relation to amounts paid or credited on or after 1 July 2019.
insurance business
has the same meaning as in the
Insurance Act 1973
.
Definition of " insurance business " inserted by No 97 of 2002.
insurance funds
, in relation to a company, means all the Australian statutory funds of the company and all other funds maintained by the company in respect of the life assurance business of the company.
Definition of " insurance funds " substituted by No 41 of 2005; inserted by No 89 of 2000.
interest income
, in relation to a taxpayer, means income consisting of interest, or a payment in the nature of interest, in respect of:
(a) money lent, advanced or deposited; or
(b) credit given; or
(c) any other form of debt or liability;
whether security is given or not, other than:
(d) an amount to the extent to which it is a return on an equity interest in a company; or
(e) interest derived by the taxpayer from a transaction directly related to the active conduct of a trade or business; or
(f) interest derived by the taxpayer from carrying on a banking business or any other business whose income is principally derived from the lending of money; or
(g) interest received by the taxpayer during a year of income from a foreign company, where:
(i) at any time during the year of income, the taxpayer had (or would have had, if the taxpayer were a company and a resident), a voting interest, within the meaning of section 334A , amounting to at least 10 % of the voting power, within the meaning of that section, in that company; and
(ii) during the year of income or the preceding year of income, the company has not derived an amount of interest income exceeding 10 % of the total profits derived by the company during the same year.
Definition of " interest income " inserted by No 143 of 2007 , s 3 and Sch 1 item 18, applicable in relation to income years, statutory accounting periods and notional accounting periods starting on or after the first 1 July that occurs after 24 September 2007.
intermediary
(Repealed by
No 32 of 2008
)
Definition of " intermediary " repealed by No 32 of 2008 , s 3 and Sch 1 item 4, applicable to fund payments made in relation to the first income year starting on or after the first 1 July after 23 June 2008 and later income years. The definition formerly read:
intermediary
has the same meaning as in the Income Tax Assessment Act 1997 .
Definition of " intermediary " inserted by No 79 of 2007 , s 3 and Sch 10 item 4, applicable to the first income year starting on or after the first 1 July after 21 June 2007 and later income years.
international tax sharing treaty
(Repealed by No 101 of 2013)
Definition of " international tax sharing treaty " repealed by No 101 of 2013, s 3 and Sch 2 item 8, applicable: (a) in respect of tax other than withholding tax - in relation to income years starting on or after the date mentioned in subsection 815-15(2) of the Income Tax (Transitional Provisions) Act 1997 , as inserted; and (b) in respect of withholding tax - in relation to income derived, or taken to be derived, in income years starting on or after that date. The definition formerly read:
international tax sharing treaty :
(a) means an agreement between Australia and another country under which Australia and the other country share tax revenues from activities undertaken in an area identified by or under the agreement; and
(b) does not include an agreement within the meaning of the International Tax Agreements Act 1953 .
Definition of " international tax sharing treaty " inserted by No 58 of 2006 , s 3 and Sch 7 item 35, effective 22 June 2006.
junior minerals exploration incentive tax offset
means a tax offset under Subdivision
418-B
of the
Income Tax Assessment Act 1997
.
Definition of " junior minerals exploration incentive tax offset " inserted by No 15 of 2018, s 3 and Sch 1 item 8, effective 1 April 2018. For application and transitional provisions, see note under s 177F(3) .
life assurance company
has the meaning given to
life insurance company
by the
Income Tax Assessment Act 1997
.
Definition of " life assurance company " inserted by No 89 of 2000.
life assurance policy
has the meaning given to
life insurance policy
by the
Income Tax Assessment Act 1997
.
Definition of " life assurance policy " inserted by No 89 of 2000.
life assurance premium
has the meaning given to
life insurance premium
by the
Income Tax Assessment Act 1997
.
Definition of " life assurance premium " inserted by No 89 of 2000.
limited partner
has the same meaning as in the
Income Tax Assessment Act 1997
.
Definition of " limited partner " substituted by No 83 of 2004, s 3 and Sch 3 item 1, applicable to things done on or after 2 December 2003. Act No 83 of 2004, s 3 and Sch 3 item 7 also contains the following transitional provision:
7 Transitional
(1)
This item applies to a limited partnership:
(a) that was formed as a legal entity on or after 2 December 2003 and before the day on which this Act received the Royal Assent; and
(b) in respect of which an application has been made to the PDF Board for registration as a VCLP or an AFOF under the Venture Capital Act 2002 ; and
(c) that could not be registered or conditionally registered as a VCLP or an AFOF before the day on which this Act received the Royal Assent only because it has a legal personality separate from that of its members.
(2)
If the PDF Board decided, before the day on which this Act received the Royal Assent, that it would have registered or conditionally registered a limited partnership to which this item applies as a VCLP or an AFOF under the Venture Capital Act 2002 had this Act received the Royal Assent before that decision was made:
(a) the PDF Board is taken to have granted registration or conditional registration of the limited partnership as a VCLP or an AFOF under that Act on the day on which that decision was made; and
(b) that registration is taken to have been in force for the purposes of section 13-10 of that Act from that day.
The definition formerly read:
limited partner
means a partner of a limited partnership whose liability in relation to the partnership is limited.
Definition of " limited partner " inserted by No 136 of 2002, s 3 and Sch 2 item 3, applicable to the 2002-2003 income year and later income years.
limited partnership
has the same meaning as in the
Income Tax Assessment Act 1997
.
Definition of " limited partnership " substituted by No 83 of 2004, s 3 and Sch 3 item 2, applicable to things done on or after 2 December 2003. For transitional provision, see note under definition of " limited partner " . The definition formerly read:
limited partnership
means a partnership where the liability of at least one of the partners is limited.
Definition of " limited partnership " inserted by No 136 of 2002, s 3 and Sch 2 item 4, applicable to the 2002-2003 income year and later income years.
liquidator
means the person who, whether or not appointed as liquidator, is the person required by law to carry out the winding-up of a company.
listed public company
has the same meaning as in the
Income Tax Assessment Act 1997
.
Note:
For the meaning of listed public company in Schedule 2F to this Act, see section 272-135 in that Schedule.
Definition of " listed public company " inserted by No 101 of 2023, s 3 and Sch 4 item 10, effective 1 January 2024.
live stock
(Repealed by No 101 of 2006)
Definition of " live stock " repealed by No 101 of 2006, s 3 and Sch 3 item 2, effective 1 January 2008. The definition formerly read:
live stock
does not include animals used as beasts of burden or working beasts in a business other than a business of primary production.
loss carry back tax offset
has the same meaning as in the
Income Tax Assessment Act 1997
.
Definition of " loss carry back tax offset " inserted by No 92 of 2020, s 3 and Sch 2 item 4, effective 1 January 2021.
Former definition of " loss carry back tax offset " repealed by No 96 of 2014, s 3 and Sch 2 item 3, effective 30 September 2014 and applicable to assessments for the income year before the income year in which this Schedule commences, for the income year in which this Schedule commences and for later income years. For transitional and saving provision see note under s 177C(1) . The definition formerly read:
loss carry back tax offset
has the same meaning as in the Income Tax Assessment Act 1997 .
Former definition of " loss carry back tax offset " inserted by No 88 of 2013, s 3 and Sch 5 item 28, effective 29 June 2013.
loss year
has the same meaning as in the
Income Tax Assessment Act 1997
.
Definition of " loss year " inserted by No 39 of 1997.
managed investment trust
has the same meaning as in the
Income Tax Assessment Act 1997
.
Definition of " managed investment trust " inserted by No 79 of 2007 , s 3 and Sch 10 item 5, applicable to the first income year starting on or after the first 1 July after 21 June 2007 and later income years.
MEC group
has the same meaning as in the
Income Tax Assessment Act 1997
.
Definition of " MEC group " inserted by No 117 of 2002.
medical expense rebate higher phase-in limit
(Repealed by No 11 of 2014)
Definition of " medical expense rebate higher phase-in limit " repealed by No 11 of 2014, s 3 and Sch 3 item 3(b), effective 1 July 2019. The definition formerly read:
medical expense rebate higher phase-in limit
has the meaning given by subsection 159Q(5).
Definition of " medical expense rebate higher phase-in limit " inserted by No 84 of 2013, s 3 and Sch 5 item 3, applicable to assessments for the 2012-13 year of income and later years of income.
medical expense rebate lower phase-in limit
(Repealed by No 11 of 2014)
Definition of " medical expense rebate lower phase-in limit " repealed by No 11 of 2014, s 3 and Sch 3 item 3(c), effective 1 July 2019. The definition formerly read:
medical expense rebate lower phase-in limit
has the meaning given by subsection 159Q(6).
Definition of " medical expense rebate lower phase-in limit " inserted by No 84 of 2013, s 3 and Sch 5 item 4, applicable to assessments for the 2012-13 year of income and later years of income.
Medicare levy
means Medicare levy imposed as such by any Act as assessed under this Act.
Definition of " Medicare levy " inserted by No 12 of 2012, s 3 and Sch 6 item 219, effective 21 March 2012.
Medicare levy (fringe benefits) surcharge
has the meaning given by the
Income Tax Assessment Act 1997
.
Definition of " Medicare levy (fringe benefits) surcharge " inserted by No 12 of 2012, s 3 and Sch 6 item 220, effective 21 March 2012.
member
of a consolidated group or MEC group has the same meaning as in the
Income Tax Assessment Act 1997
.
Definition of " member " inserted by No 117 of 2002.
member of a family tax benefit (Part B) family without shared care
: a taxpayer is a
member of a family tax benefit (Part B) family without shared care
if:
(a) the taxpayer, or the taxpayer ' s spouse while being the taxpayer ' s partner (within the meaning of the A New Tax System (Family Assistance) Act 1999 ), is eligible for family tax benefit at the Part B rate (within the meaning of that Act); and
(b) clause 31 of Schedule 1 to that Act does not apply in respect of the Part B rate.
Definition of " member of a family tax benefit (Part B) family without shared care " inserted by No 105 of 2010, s 3 and Sch 1 item 37, effective 1 October 2010.
minerals
has the meaning given by subsection
995-1(1)
of the
Income Tax Assessment Act 1997
.
mining withholding tax
means income tax payable in accordance with section
128V
.
Definition of " mining withholding tax " inserted by No 27 of 1979.
mortgage
includes any charge, lien or encumbrance to secure the repayment of money.
mutual life assurance company
means a life assurance company the profits of which are divisible only among the policy holders.
Definition of " mutual life assurance company " substituted by No 101 of 2004, s 3 and Sch 11 item 44, effective 1 July 2000. The definition formerly read:
mutual life assurance company
has the same meaning as in Division 8 of Part III (as in force immediately before 1 July 2000).
Definition of " mutual life assurance company " inserted by No 89 of 2000.
natural resource
has the meaning given by subsection
995-1(1)
of the
Income Tax Assessment Act 1997
.
necessary connection with Australia
(Repealed by
No 168 of 2006
)
Definition of " necessary connection with Australia " repealed by No 168 of 2006 , s 3 and Sch 4 item 14, applicable to CGT events that happen on or after 12 December 2006. The definition formerly read:
necessary connection with Australia
has the same meaning as in the Income Tax Assessment Act 1997 .
Definition of " necessary connection with Australia " inserted by No 46 of 1998.
net capital gain
has the same meaning as in the
Income Tax Assessment Act 1997
.
Definition of " net capital gain " substituted by No 46 of 1998 and inserted by No 147 of 1997.
net capital loss
has the same meaning as in the
Income Tax Assessment Act 1997
.
Definition of " net capital loss " substituted by No 46 of 1998 and inserted by No 147 of 1997.
net GST
has the meaning given by section
995-1
of the
Income Tax Assessment Act 1997
.
Definition of " net GST " inserted by No 176 of 1999.
net input tax credit
has the meaning given by section
995-1
of the
Income Tax Assessment Act 1997
.
Definition of " net input tax credit " inserted by No 176 of 1999.
non-assessable non-exempt income
has the meaning given by the
Income Tax Assessment Act 1997
.
Definition of " non-assessable non-exempt income " inserted by No 66 of 2003.
non-complying approved deposit fund
has the meaning given by subsection
995-1(1)
of the
Income Tax Assessment Act 1997
.
Definition of " non-complying approved deposit fund " inserted by No 15 of 2007, s 3 and Sch 1 item 29, applicable to the 2007-2008 income year and later years.
non-complying superannuation fund
has the meaning given by subsection
995-1(1)
of the
Income Tax Assessment Act 1997
.
Definition of " non-complying superannuation fund " inserted by No 15 of 2007, s 3 and Sch 1 item 30, applicable to the 2007-2008 income year and later years.
non-entity joint venture
has the meaning given by subsection
995-1(1)
of the
Income Tax Assessment Act 1997
.
Definition of " non-entity joint venture " inserted by No 92 of 2000.
non-equity share
has the same meaning as in the
Income Tax Assessment Act 1997
.
Definition of " non-equity share " substituted by No 58 of 2006 , s 3 and Sch 7 item 36, effective 22 June 2006. The definition formerly read:
non-equity share
means a share that is not an equity interest in the company.Note:
A share will not be an equity interest if it is characterised as, or forms part of a larger interest that is characterised as, a debt interest under Subdivision 974-B of the Income Tax Assessment Act 1997 .
Definition of " non-equity share " inserted by No 163 of 2001. For application provisions, see note under s 6AB(5B) .
non-resident
means a person who is not a resident of Australia.
"non-resident dividend income"
(Repealed by No 85 of 1967)
non-resident superannuation fund
(Repealed by No 15 of 2007)
Definition of " non-resident superannuation fund " repealed by No 15 of 2007, s 3 and Sch 1 item 31, applicable to the 2007-2008 income year and later years. The definition formerly read:
non-resident superannuation fund
has the meaning given by section 6E .
Definition of " non-resident superannuation fund " inserted by No 181 of 1994.
non-share capital account
has the same meaning as in the
Income Tax Assessment Act 1997
.
Definition of " non-share capital account " inserted by No 163 of 2001.
non-share capital return
has the same meaning as in the
Income Tax Assessment Act 1997
.
Definition of " non-share capital return " inserted by No 163 of 2001.
non-share distribution
has the same meaning as in the
Income Tax Assessment Act 1997
.
Definition of " non-share distribution " inserted by No 163 of 2001.
non-share dividend
has the same meaning as in the
Income Tax Assessment Act 1997
.
Definition of " non-share dividend " inserted by No 163 of 2001.
non-share equity interest
has the same meaning as in the
Income Tax Assessment Act 1997
.
Definition of " non-share equity interest " inserted by No 163 of 2001.
once-only deduction
:
a deduction in a year of income in respect of a percentage of expenditure is a
once-only deduction
, in relation to the expenditure, if no deduction is allowable in respect of a percentage of the expenditure in any other year of income.
Definition of " once-only deduction " inserted by No 75 of 2010, s 3 and Sch 3 item 4, applicable in relation to: (a) payments made; and (b) loans made; and (c) debts forgiven; on or after 1 July 2009.
ordinary class
has the same meaning as in the
Income Tax Assessment Act 1997
.
Definition of " ordinary class " inserted by No 89 of 2000.
ordinary income
has the same meaning as in the
Income Tax Assessment Act 1997
.
Definition of " ordinary income " inserted by No 46 of 1998.
outstanding claims
(Repealed by
No 79 of 2010
)
Definition of " outstanding claims " repealed by No 79 of 2010 , s 3 and Sch 5 item 3, applicable to the first income year starting on or after 1 July 2010 and later income years. The definition formerly read:
outstanding claims
at the end of a year of income under general insurance policies issued by a general insurance company has the same meaning as in the Income Tax Assessment Act 1997 .
Definition of " outstanding claims " inserted by No 97 of 2002.
over-franking tax
has the same meaning as in the
Income Tax Assessment Act 1997
.
Definition of " over-franking tax " inserted by No 23 of 2005.
owner
of a farm management deposit has the meaning given by the
Income Tax Assessment Act 1997
.
Definition of " owner " inserted by No 79 of 2010 , s 3 and Sch 4 item 12, effective 1 July 2010.
Definition of " owner " inserted by No 79 of 2010 , s 3 and Sch 4 item 12, effective 1 July 2010.
ownership interest
has the meaning given by section
125-60
of the
Income Tax Assessment Act 1997
.
Definition of " ownership interest " inserted by No 90 of 2002.
paid
in relation to dividends or non-share dividends includes credited or distributed.
Definition of " paid " amended by No 163 of 2001.
paid-up share capital
has the meaning given by subsection
995-1(1)
of the
Income Tax Assessment Act 1997
.
Definition of " paid-up share capital " substituted by No 56 of 2010, s 3 and Sch 6 item 122, effective 3 June 2010. The definition formerly read:
paid-up share capital
of a company means the amount standing to the credit of the company ' s share capital account reduced by the amount (if any) that represents amounts unpaid on shares.
Definition of " paid-up share capital " substituted by No 56 of 2010.
parent
has the meaning given by subsection
995-1(1)
of the
Income Tax Assessment Act 1997
.
Definition of " parent " inserted by No 144 of 2008, s 3 and Sch 14 item 7, applicable in relation to the 2009-2010 year of income and later years of income.
part of a distribution that is franked with an exempting credit
has the same meaning as in the
Income Tax Assessment Act 1997
.
Definition of " part of a distribution that is franked with an exempting credit " inserted by No 16 of 2003.
part of a distribution that is franked with a venture capital credit
has the same meaning as in the
Income Tax Assessment Act 1997
.
Definition of " part of a distribution that is franked with a venture capital credit " inserted by No 16 of 2003.
partnership
has the same meaning as in the
Income Tax Assessment Act 1997
.
Definition of " partnership " substituted by No 83 of 2004, s 3 and Sch 3 item 3, applicable to things done on or after 2 December 2003. For transitional provision, see note under definition of " limited partner " . The definition formerly read:
'partnership'
means an association of persons carrying on business as partners or in receipt of income jointly, but does not include a company;
passive commodity gain
, in relation to a taxpayer, in relation to a year of income, means a gain realised by the taxpayer in a year of income from disposing of a forward contract or a futures contract, or a right or option in respect of a forward contract or a futures contract, in respect of any thing (a
commodity
):
(a) that is capable of delivery under an agreement for its delivery; and
(b) that is not an instrument creating or evidencing a chose in action;
unless the contract, right or option relates to the carrying on by the taxpayer of a business:
(c) of producing or processing the commodity; or
(d) that involves the use of the commodity as a raw material in a production process.
Definition of " passive commodity gain " inserted by No 143 of 2007 , s 3 and Sch 1 item 19, applicable in relation to income years, statutory accounting periods and notional accounting periods starting on or after the first 1 July that occurs after 24 September 2007.
passive income
, in relation to a taxpayer, in relation to a year of income means:
(a) dividends (within the meaning of this section) and non-share dividends paid to the taxpayer in the year of income; or
(b) unit trust dividends (within the meaning of Division 6C ) paid to the taxpayer in the year of income; or
(c) a distribution made to the taxpayer in the year of income that is taken to be a dividend because of section 47 ; or
(d) an amount that is taken to be a dividend paid to the taxpayer in the year of income because of section 47A or 108 or Division 7A of Part III ; or
(e) interest income derived by the taxpayer in the year of income; or
(f) annuities derived by the taxpayer in the year of income; or
(g) income derived by the taxpayer by way of rent (within the meaning of Part X ) in the year of income; or
(h) royalties derived by the taxpayer in the year of income; or
(i) an amount derived by the taxpayer in the year of income as consideration for the assignment, in whole or in part, of any copyright, patent, design, trade mark or other like property or right; or
(j) profits of a capital nature that accrued to the taxpayer in the year of income; or
(k) passive commodity gains that accrued to the taxpayer in the year of income; or
(l) an amount included in the assessable income of the taxpayer of the year of income under section 102AAZD , 456 , 457 or 459A ;
but does not include:
(m) an amount that arose from an asset necessarily held by the taxpayer in connection with an insurance business actively carried on by the taxpayer; or
(n) an amount included in the taxpayer ' s assessable income under Division 83A of the Income Tax Assessment Act 1997 (about employee share schemes).
Definition of " passive income " amended by No 53 of 2016, s 3 and Sch 5 item 8, by omitting " 6B or " before " 6C " from para (b), applicable to assessments for income years starting on or after 1 July 2016. For transitional provision, see note under Pt III Div 6B heading.
Definition of " passive income " amended by No 114 of 2010, s 3 and Sch 1 item 2, by substituting " or 459A " for " , 459A or 529 " in para (l), applicable in relation to the 2010-11 year of income for a taxpayer and later years of income.
Definition of " passive income " amended by No 133 of 2009, s 3 and Sch 1 item 9, by substituting " Division 83A of the Income Tax Assessment Act 1997 (about employee share schemes) " for " Division 13A " in para (n), applicable in relation to the ESS interests mentioned in subsections 83A-5(1) and (2) of the Income Tax (Transitional Provisions) Act 1997 .
Definition of " passive income " inserted by No 143 of 2007 , s 3 and Sch 1 item 20, applicable in relation to income years, statutory accounting periods and notional accounting periods starting on or after the first 1 July that occurs after 24 September 2007.
PDF
(pooled development fund) means a company that is a PDF within the meaning of the
Pooled Development Funds Act 1992
, but does not include such a company in the capacity of a trustee.
Definition of " PDF " inserted by No 98 of 1992.
PDF component
, in relation to a company that becomes a PDF during the year of income and is still a PDF at the end of the year of income, means:
(a) in a case where the amount that, if:
(i) the period beginning at the start of the year of income and ending immediately before the company becomes a PDF were a year of income of the company; and
(ii) the period ( the PDF notional year ) beginning when the company becomes a PDF and ending at the end of the year of income were a year of income of the company; and
would be the company ' s taxable income of the PDF notional year is $ 1 or more - that amount; or
(iii) paragraph (c) of the definition of taxable income were omitted;
(b) otherwise - a nil amount.
Definition of " PDF component " inserted by No 98 of 1992.
permanent establishment
,
in relation to a person (including the Commonwealth, a State or an authority of the Commonwealth or a State), means a place at or through which the person carries on any business and, without limiting the generality of the foregoing, includes:
(a) a place where the person is carrying on business through an agent;
(b) a place where the person has, is using or is installing substantial equipment or substantial machinery;
(c) a place where the person is engaged in a construction project; and
(d) where the person is engaged in selling goods manufactured, assembled, processed, packed or distributed by another person for, or at or to the order of, the first-mentioned person and either of those persons participates in the management, control or capital of the other person or another person participates in the management, control or capital of both of those persons - the place where the goods are manufactured, assembled, processed, packed or distributed;
but does not include:
(e) a place where the person is engaged in business dealings through a bona fide commission agent or broker who, in relation to those dealings, acts in the ordinary course of his or her business as a commission agent or broker and does not receive remuneration otherwise than at a rate customary in relation to dealings of that kind, not being a place where the person otherwise carries on business;
(f) a place where the person is carrying on business through an agent:
(i) who does not have, or does not habitually exercise, a general authority to negotiate and conclude contracts on behalf of the person; or
not being a place where the person otherwise carries on business; or
(ii) whose authority extends to filling orders on behalf of the person from a stock of goods or merchandise situated in the country where the place is located, but who does not regularly exercise that authority;
(g) a place of business maintained by the person solely for the purpose of purchasing goods or merchandise.
Note:
Subsection (6) treats a person as carrying on, at or through a permanent establishment that is a place described in paragraph (d) of this definition, the business of selling the goods manufactured, assembled, processed, packed or distributed by the other person as described in that paragraph.
Definition of " permanent establishment " amended by No 41 of 2011, s 3 and Sch 5 Pt 27, by removing gender-specific language, effective 27 June 2011.
Definition of " permanent establishment " amended by No 41 of 2011, s 3 and Sch 5 item 62, by inserting a note at the end, effective 27 June 2011.
Definition of " permanent establishment " inserted by No 4 of 1968.
person
has the same meaning as in the
Income Tax Assessment Act 1997
.
Definition of " person " substituted by No 56 of 2010, s 3 and Sch 6 item 123, effective 3 June 2010. The definition formerly read:
person
includes a company.
petroleum exploration company
(Repealed by No 80 of 1975)
Definition of " petroleum exploration company " inserted by No 69 of 1963.
pooled superannuation trust
has the meaning given by subsection
995-1(1)
of the
Income Tax Assessment Act 1997
.
Definition of " pooled superannuation trust " inserted by No 15 of 2007, s 3 and Sch 1 item 32, applicable to the 2007-2008 income year and later years.
post FIF abolition credit
means a post FIF abolition credit arising under:
(a) subsection 23AK(6) ; and
(b) subsection 717-220(2) of the Income Tax Assessment Act 1997 ; and
(c) subsection 717-255(2) of that Act.
Definition of " post FIF abolition credit " inserted by No 114 of 2010, s 3 and Sch 1 item 3, applicable in relation to the 2010-11 year of income for a taxpayer and later years of income.
post FIF abolition debit
means a post FIF abolition debit arising under:
(a) subsection 23AK(2) ; and
(b) subsection 23B(1) ; and
(c) subsection 717-220(3) of the Income Tax Assessment Act 1997 ; and
(d) subsection 717-255(3) of that Act.
Definition of " post FIF abolition debit " inserted by No 114 of 2010, s 3 and Sch 1 item 4, applicable in relation to the 2010-11 year of income for a taxpayer and later years of income.
post FIF abolition surplus
has the meaning given by section
23AK
.
Definition of " post FIF abolition surplus " inserted by No 114 of 2010, s 3 and Sch 1 item 5, applicable in relation to the 2010-11 year of income for a taxpayer and later years of income.
prescribed dual resident
means a company that satisfies either of the following conditions:
(a) the first condition is that:
(i) the company is a resident of Australia within the meaning of subsection 6(1) ; and
(ii) there is an agreement (within the meaning of the International Tax Agreements Act 1953 ) in force in respect of a foreign country; and
(iii) the agreement contains a provision that is expressed to apply where, apart from the provision, the company would, for the purposes of the agreement, be both a resident of Australia and a resident of the foreign country; and
(iv) that provision has the effect that the company is, for the purposes of the agreement, a resident solely of the foreign country;
(b) the alternative condition is that the company:
(i) is a resident of Australia within the meaning of subsection 6(1) for no other reason than that it carries on business in Australia and has its central management and control in Australia; and
(ii) it is also a resident of another country; and
(iii) its central management and control is in another country.
Definition of " prescribed dual resident " inserted by No 95 of 1997.
present war
(Repealed by No 216 of 1973)
primary production business
has the meaning given by subsection
995-1(1)
of the
Income Tax Assessment Act 1997
.
Definition of " primary production business " inserted by No 101 of 2006 , s 3 and Sch 2 item 135, effective 14 September 2006. For application and savings provisions see the CCH Australian Income Tax Legislation archive .
principal beneficiary
of a special disability trust has the same meaning as in the
Income Tax Assessment Act 1997
.
Definition of " principal beneficiary " inserted by No 90 of 2010, s 3 and Sch 4 item 1, applicable to assessments for the 2008-09 income year and later income years.
private ancillary fund
(Repealed by No 147 of 2011)
Definition of " private ancillary fund " repealed by No 147 of 2011, s 3 and Sch 8 item 42, effective 29 November 2011. The definition formerly read:
private ancillary fund
has the meaning given by section 426-105 in Schedule 1 to the Taxation Administration Act 1953 .
Definition of " private ancillary fund " inserted by No 88 of 2009, s 3 and Sch 2 item 2, effective 1 October 2009.
private company
, in relation to a year of income, means a company that is a private company in relation to that year of income for the purposes of Division
7
of Part III.
proclaimed superannuation standards day
means 1 July 1990.
Definition of " proclaimed superannuation standards day " amended by No 82 of 1993 and inserted by No 138 of 1987.
provider
, in relation to an RSA, has the same meaning as in the
Retirement Savings Accounts Act 1997
.
Definition of " provider " inserted by No 62 of 1997.
prudential standards
has the same meaning as in the
Income Tax Assessment Act 1997
.
Definition of " prudential standards " inserted by No 163 of 2001.
rebatable benefit
has the meaning given by subsection
160AAA(1)
.
Definition of " rebatable benefit " inserted by No 159 of 2011, s 3 and Sch 3 item 1, applicable to the 2012-13 year of income and later years of income.
rebatable medical expense amount
(Repealed by No 11 of 2014)
Definition of " rebatable medical expense amount " repealed by No 11 of 2014, s 3 and Sch 3 item 3(d), effective 1 July 2019. The definition formerly read:
rebatable medical expense amount
has the meaning given by subsections 159P(1) and (3).
Definition of " rebatable medical expense amount " inserted by No 84 of 2013, s 3 and Sch 5 item 5, applicable to assessments for the 2012-13 year of income and later years of income.
rebate income
of an individual for a year of income is the sum of:
(a) the individual ' s taxable income for the year of income, disregarding the individual ' s assessable FHSS released amount (within the meaning of the Income Tax Assessment Act 1997 ) for the year of income; and
(b) the individual ' s reportable superannuation contributions for the year of income; and
(c) the individual ' s total net investment loss for the year of income; and
(d) the individual ' s adjusted fringe benefits total for the year of income.
Definition of " rebate income " amended by No 132 of 2017, s 3 and Sch 1 item 26, by inserting " , disregarding the individual ' s assessable FHSS released amount (within the meaning of the Income Tax Assessment Act 1997 ) for the year of income " in para (a), effective 1 July 2018.
Definition of " rebate income " inserted by No 27 of 2009, s 3 and Sch 3 item 2, applicable in relation to income years starting on or after 1 July 2009.
recognised large credit union
has the meaning given by section
6H
.
Definition of " recognised large credit union " inserted by No 57 of 1993.
recognised medium credit union
has the meaning given by section
6H
.
Definition of " recognised medium credit union " inserted by No 57 of 1993.
recognised small credit union
has the meaning given by section
6H
.
Definition of " recognised small credit union " inserted by No 57 of 1993.
reduced cost base
of a CGT asset has the same meaning as in the
Income Tax Assessment Act 1997
.
Definition of " reduced cost base " inserted by No 46 of 1998.
registered tax agent
(Repealed by No 114 of 2009)
Definition of " registered tax agent " repealed by No 114 of 2009, s 3 and Sch 1 item 5, effective 1 March 2010. The definition formerly read:
registered tax agent
has the meaning given by section 251A .
Definition of " registered tax agent " inserted by No 174 of 1997.
relative
has the meaning given by subsection
995-1(1)
of the
Income Tax Assessment Act 1997
.
reportable fringe benefits total
(Repealed by No 55 of 2016)
Definition of " reportable fringe benefits total " repealed by No 55 of 2016, s 3 and Sch 15 item 3, effective 1 January 2017. For application provisions, see note under the definition of " adjusted fringe benefits total " . The definition formerly read:
reportable fringe benefits total
has the same meaning as in the Fringe Benefits Tax Assessment Act 1986 .
Definition of " reportable fringe benefits total " substituted by No 27 of 2009, s 3 and Sch 3 item 3, applicable in relation to income years starting on or after 1 July 2009. The definition formerly read:
reportable fringe benefits total
for a year of income for a person who is an employee (within the meaning of the Fringe Benefits Tax Assessment Act 1986 ) means the employee ' s reportable fringe benefits total (as defined in that Act) for the year of income.
Definition of " reportable fringe benefits total " inserted by No 17 of 1999.
reportable superannuation contributions
has the same meaning as in the
Income Tax Assessment Act 1997
.
Definition of " reportable superannuation contributions " inserted by No 27 of 2009, s 3 and Sch 3 item 4, applicable in relation to income years starting on or after 1 July 2009.
Research Department
(Repealed by No 110 of 2014)
Definition of " Research Department " repealed by No 110 of 2014, s 3 and Sch 5 item 9(h), effective 16 October 2014. The definition formerly read:
Research Department
means the Department that:
(a) deals with matters arising under section 1 of the Australian Research Council Act 2001 ; and
(b) is administered by the Research Minister.
Definition of " Research Department " inserted by No 88 of 2009, s 3 and Sch 5 item 41, effective 18 September 2009.
Research Minister
(Repealed by No 110 of 2014)
Definition of " Research Minister " repealed by No 110 of 2014, s 3 and Sch 5 item 9(i), effective 16 October 2014. The definition formerly read:
Research Minister
means the Minister administering section 1 of the Australian Research Council Act 2001 .
Definition of " Research Minister " inserted by No 88 of 2009, s 3 and Sch 5 item 42, effective 18 September 2009.
Research Secretary
(Repealed by No 110 of 2014)
Definition of " Research Secretary " repealed by No 110 of 2014, s 3 and Sch 5 item 9(j), effective 16 October 2014. The definition formerly read:
Research Secretary
means the Secretary of the Research Department.
Definition of " Research Secretary " inserted by No 88 of 2009, s 3 and Sch 5 item 43, effective 18 September 2009.
resident
or
resident of Australia
means:
(a) a person, other than a company, who resides in Australia and includes a person:
(i) whose domicile is in Australia, unless the Commissioner is satisfied that the person ' s permanent place of abode is outside Australia;
(ii) who has actually been in Australia, continuously or intermittently, during more than one-half of the year of income, unless the Commissioner is satisfied that the person ' s usual place of abode is outside Australia and that the person does not intend to take up residence in Australia; or
(iii) who is:
(A) a member of the superannuation scheme established by deed under the Superannuation Act 1990 ; or
(B) an eligible employee for the purposes of the Superannuation Act 1976 ; or
(C) the spouse, or a child under 16, of a person covered by sub-subparagraph (A) or (B); and
(b) a company which is incorporated in Australia, or which, not being incorporated in Australia, carries on business in Australia, and has either its central management and control in Australia, or its voting power controlled by shareholders who are residents of Australia.
Definition of " resident " or " resident of Australia " amended by No 41 of 2011, s 3 and Sch 5 Pt 27, by removing gender-specific language, effective 27 June 2011.
Definition of " resident " or " resident of Australia " amended by No 80 of 1992 and No 205 of 1976.
resident superannuation fund
(Repealed by No 15 of 2007)
Definition of " resident superannuation fund " repealed by No 15 of 2007, s 3 and Sch 1 item 33, applicable to the 2007-2008 income year and later years. The definition formerly read:
resident superannuation fund
has the meaning given by section 6E .
Definition of " resident superannuation fund " inserted by No 181 of 1994.
resident trust for CGT purposes
has the same meaning as in the
Income Tax Assessment Act 1997
.
Definition of " resident trust for CGT purposes " inserted by No 46 of 1998.
return
on a debt interest or equity interest has the same meaning as in the
Income Tax Assessment Act 1997
.
Definition of " return " inserted by No 163 of 2001.
return of income
means a return of income, or of profits or gains of a capital nature, or of both income and such profits or gains.
Definition of " return of income " inserted by No 52 of 1986.
royalty
or
royalties
includes any amount paid or credited, however described or computed, and whether the payment or credit is periodical or not, to the extent to which it is paid or credited, as the case may be, as consideration for:
(a) the use of, or the right to use, any copyright, patent, design or model, plan, secret formula or process, trade mark, or other like property or right;
(b) the use of, or the right to use, any industrial, commercial or scientific equipment;
(c) the supply of scientific, technical, industrial or commercial knowledge or information;
(d) the supply of any assistance that is ancillary and subsidiary to, and is furnished as a means of enabling the application or enjoyment of, any such property or right as is mentioned in paragraph (a), any such equipment as is mentioned in paragraph (b) or any such knowledge or information as is mentioned in paragraph (c);
(da) the reception of, or the right to receive, visual images or sounds, or both, transmitted to the public by:
(i) satellite; or
(ii) cable, optic fibre or similar technology;
(db) the use in connection with television broadcasting or radio broadcasting, or the right to use in connection with television broadcasting or radio broadcasting, visual images or sounds, or both, transmitted by:
(i) satellite; or
(ii) cable, optic fibre or similar technology;
(dc) the use of, or the right to use, some or all of the part of the spectrum (within the meaning of the Radiocommunications Act 1992 ) specified in a spectrum licence issued under that Act;
(e) the use of, or the right to use:
(i) motion picture films;
(ii) films or video tapes for use in connexion with television; or
(iii) tapes for use in connexion with radio broadcasting; or
(f) a total or partial forbearance in respect of:
(i) the use of, or the granting of the right to use, any such property or right as is mentioned in paragraph (a) or any such equipment as is mentioned in paragraph (b);
(ii) the supply of any such knowledge or information as is mentioned in paragraph (c) or of any such assistance as is mentioned in paragraph (d);
(iia) the reception of, or the granting of the right to receive, any such visual images or sounds as are mentioned in paragraph (da);
(iib) the use of, or the granting of the right to use, any such visual images or sounds as are mentioned in paragraph (db);
(iic) the use of, or the granting of the right to use, some or all of such part of the spectrum specified in a spectrum licence as is mentioned in paragraph (dc); or
(iii) the use of, or the granting of the right to use, any such property as is mentioned in paragraph (e).
Definition of " royalty " or " royalties " amended by No 31 of 2014, s 3 and Sch 4 item 97, by substituting " trade mark " for " trademark " in para (a), effective 24 June 2014.
Definition of " royalty " or " royalties " amended by No 54 of 1999; No 224 of 1992; No 24 of 1980 and substituted by No 143 of 1976.
Former definition inserted by No 4 of 1968.
RSA
has the same meaning as in the
Income Tax Assessment Act 1997
.
Note:
That Act defines RSA as having the meaning given by the Retirement Savings Accounts Act 1997 .
Definition of " RSA " substituted by No 41 of 2011, s 3 and Sch 5 item 63, effective 27 June 2011. The definition formerly read:
RSA
has the same meaning as in the Retirement Savings Accounts Act 1997 .
Definition of " RSA " substituted by No 41 of 2011.
Definition of " RSA " inserted by No 62 of 1997.
RSA provider
has the same meaning as in the
Income Tax Assessment Act 1997
.
Note:
That Act defines RSA provider as having the same meaning as in the Retirement Savings Accounts Act 1997 .
Definition of " RSA provider " substituted by No 41 of 2011, s 3 and Sch 5 item 64, effective 27 June 2011. The definition formerly read:
RSA provider
has the same meaning as in the Retirement Savings Accounts Act 1997 .
Definition of " RSA provider " substituted by No 41 of 2011.
Definition of " RSA provider " inserted by No 62 of 1997.
Second Commissioner
means a Second Commissioner of Taxation.
Definition of " Second Commissioner " amended by No 216 of 1973.
"SGIO"
(Repealed by No 101 of 2004)
Definition of " SGIO " amended by No 169 of 1995, substituted by No 5 of 1995 and inserted by No 105 of 1989.
share
in a company has the meaning given by subsection
995-1(1)
of the
Income Tax Assessment Act 1997
.
Definition of " share " inserted by No 101 of 2006 , s 3 and Sch 2 item 137, effective 14 September 2006. For application and savings provisions see the CCH Australian Income Tax Legislation archive .
share capital account
has the same meaning as in the
Income Tax Assessment Act 1997
.
Definition of " share capital account " substituted by No 80 of 2006 , s 3 and Sch 4 item 21, applicable for the purpose of determining whether an account is a share capital account when applying a provision of the Income Tax Assessment Act 1997 or the Income Tax Assessment Act 1936 in relation to a time that is after 30 June 2006, even if the account was in existence before that date. The definition formerly read:
share capital account
has the meaning given by section 6D .
Definition of " share capital account " substituted by No 117 of 1999 and inserted by No 63 of 1998.
shareholder
includes member or stockholder.
shareholders
'
funds
has the same meaning as in the
Life Insurance Act 1995
.
Definition of " shareholders ' funds " inserted by No 89 of 2000.
"share premium account"
(Repealed by No 63 of 1998)
shorter period of review taxpayer or SPOR taxpayer
(Repealed by No 161 of 2005)
Definition of " shorter period of review taxpayer " or " SPOR taxpayer " inserted by No 179 of 1999.
shortfall interest charge
means the charge worked out under Division
280
in Schedule
1
to the
Taxation Administration Act 1953
.
Definition of " shortfall interest charge " inserted by No 75 of 2005.
singles tier 1 threshold
(Repealed by No 11 of 2014)
Definition of " singles tier 1 threshold " repealed by No 11 of 2014, s 3 and Sch 3 item 3(e), effective 1 July 2019. The definition formerly read:
singles tier 1 threshold
has the meaning given by the A New Tax System (Medicare Levy Surcharge - Fringe Benefits) Act 1999 .
Definition of " singles tier 1 threshold " inserted by No 84 of 2013, s 3 and Sch 5 item 6, applicable to assessments for the 2012-13 year of income and later years of income.
small business entity
has the meaning given by subsection
995-1(1)
of the
Income Tax Assessment Act 1997
.
Definition of " small business entity " inserted by No 80 of 2007 , s 3 and Sch 3 item 97, applicable in relation to the 2007-08 income year and later income years.
social security law
has the meaning given by the
Social Security Act 1991
.
Definition of " social security law " inserted by No 88 of 2009, s 3 and Sch 5 item 44, effective 18 September 2009.
special disability trust
has the same meaning as in the
Income Tax Assessment Act 1997
.
Definition of " special disability trust " inserted by No 90 of 2010, s 3 and Sch 4 item 2, applicable to assessments for the 2008-09 income year and later income years.
spouse
has the meaning given by subsection
995-1(1)
of the
Income Tax Assessment Act 1997
.
"State income tax law"
(Repealed by No 73 of 1989)
Former definition of " State income tax law " amended by No 108 of 1981 and inserted by No 87 of 1978.
statutory income
has the meaning given by the
Income Tax Assessment Act 1997
.
Definition of " statutory income " inserted by No 70 of 2015, s 3 and Sch 3 item 8, applicable in relation to years of income starting on or after 1 July 2015.
Student Assistance Secretary
has the meaning given by the
Income Tax Assessment Act 1997
.
Definition of " Student Assistance Secretary " inserted by No 15 of 2017, s 3 and Sch 4 item 22, effective 1 April 2017.
subsidiary member
of a consolidated group or a MEC group has the same meaning as in the
Income Tax Assessment Act 1997
.
Definition of " subsidiary member " inserted by No 117 of 2002.
superannuation benefits
means individual personal benefits, pensions or retiring allowances.
Definition of " superannuation benefits " inserted by No 103 of 1965.
(a) a scheme for the payment of superannuation benefits upon retirement or death; or
(b) a superannuation fund within the definition of " superannuation fund " in section 10 of the Superannuation Industry (Supervision) Act 1993 .
Definition of " superannuation fund " substituted by No 181 of 1994; No 97 of 1989 and inserted by No 138 of 1987.
superannuation fund for foreign residents
has the meaning given by subsection
995-1(1)
of the
Income Tax Assessment Act 1997
.
Definition of " superannuation fund for foreign residents " inserted by No 15 of 2007, s 3 and Sch 1 item 34, applicable to the 2007-2008 income year and later years.
superannuation lump sum
has the same meaning as in the
Income Tax Assessment Act 1997
.
Definition of " superannuation lump sum " inserted by No 15 of 2007, s 3 and Sch 1 item 35, applicable to the 2007-2008 income year and later years.
tainted
, in relation to a company
'
s share capital account, has the same meaning as in the
Income Tax Assessment Act 1997
.
Definition of " tainted " inserted by No 80 of 2006, s 3 and Sch 4 item 3, applicable in relation to transfers made into a company ' s share capital account after 25 May 2006.
tax
means income tax imposed as such by any Act, as assessed under this Act, but does not include mining withholding tax or withholding tax.
Definition of " tax " inserted by No 110 of 2014, s 3 and Sch 5 item 97, effective 16 October 2014.
taxable Australian property
has the same meaning as in the
Income Tax Assessment Act 1997
.
Definition of " taxable Australian property " inserted by No 168 of 2006 , s 3 and Sch 4 item 15, applicable to CGT events that happen on or after 12 December 2006.
taxable income
has the same meaning as in the
Income Tax Assessment Act 1997
.
Definition of " taxable income " substituted by No 39 of 1997; No 98 of 1992 and No 172 of 1978.
taxable supply
has the meaning given by section 195-1 of the GST Act.
Definition of " taxable supply " inserted by No 176 of 1999.
tax cost is set
has the same meaning as in the
Income Tax Assessment Act 1997
.
Definition of " tax cost is set " inserted by No 117 of 2002.
tax loss
has the same meaning as in the
Income Tax Assessment Act 1997
.
Definition of " tax loss " inserted by No 39 of 1997.
tax offset refund
has the meaning given by the
Income Tax Assessment Act 1997
.
Definition of " tax offset refund " inserted by No 88 of 2013, s 3 and Sch 5 item 12, applicable to assessments made on or after 1 July 2013 for the 2013-14 income year or later income years.
taxpayer
means a person deriving income or deriving profits or gains of a capital nature.
Definition of " taxpayer " amended by No 52 of 1986.
"the Income Tax Ordinances of Papua New Guinea"
(Repealed by No 80 of 1975)
Definition of " the Income Tax Ordinances of Papua New Guinea " amended by No 164 of 1973.
(a) the Income Tax Assessment Act 1997 ; and
(b) Part IVC of the Taxation Administration Act 1953 , so far as that Part relates to:
(i) this Act or the Income Tax Assessment Act 1997 ; or
(ii) Schedule 1 to the Taxation Administration Act 1953 ; and
(c) Schedule 1 to the Taxation Administration Act 1953 .
Note:
Subsection (1AA) of this section prevents definitions in the Income Tax Assessment Act 1936 from affecting the interpretation of the Income Tax Assessment Act 1997 .
Definition of " this Act " amended by No 179 of 1999 and No 178 of 1999.
Definition of " this Act " substituted and Note inserted by No 39 of 1997.
Definition of " this Act " inserted by No 216 of 1991.
"Timor Gap treaty"
(Repealed by No 10 of 2003)
Definition of " Timor Gap treaty " amended by No 25 of 2000 and inserted by No 100 of 1991.
Timor Sea Treaty
(Repealed by No 59 of 2019)
Definition of " Timor Sea Treaty " repealed by No 59 of 2019, s 3 and Sch 2 item 4, effective 30 August 2019. The definition formerly read:
Timor Sea Treaty
means the Treaty defined by subsection 5(1) of the Petroleum (Timor Sea Treaty) Act 2003 .
Definition of " Timor Sea Treaty " inserted by No 10 of 2003.
total net investment loss
has the same meaning as in the
Income Tax Assessment Act 1997
.
Definition of " total net investment loss " inserted by No 27 of 2009, s 3 and Sch 3 item 5, applicable in relation to income years starting on or after 1 July 2009.
Trade Department
(Repealed by No 110 of 2014)
Definition of " Trade Department " repealed by No 110 of 2014, s 3 and Sch 5 item 9(k), effective 16 October 2014. The definition formerly read:
Trade Department
means the Department that:
(a) deals with matters arising under section 1 of the Export Market Development Grants Act 1997 ; and
(b) is administered by the Trade Minister.
Definition of " Trade Department " inserted by No 88 of 2009, s 3 and Sch 5 item 45, effective 18 September 2009.
Trade Minister
(Repealed by No 110 of 2014)
Definition of " Trade Minister " repealed by No 110 of 2014, s 3 and Sch 5 item 9(l), effective 16 October 2014. The definition formerly read:
Trade Minister
means the Minister administering section 1 of the Export Market Development Grants Act 1997 .
Definition of " Trade Minister " inserted by No 88 of 2009, s 3 and Sch 5 item 46, effective 18 September 2009.
Trade Secretary
(Repealed by No 110 of 2014)
Definition of " Trade Secretary " repealed by No 110 of 2014, s 3 and Sch 5 item 9(m), effective 16 October 2014. The definition formerly read:
Trade Secretary
means the Secretary of the Trade Department.
Definition of " Trade Secretary " inserted by No 88 of 2009, s 3 and Sch 5 item 47, effective 18 September 2009.
trading stock
has the meaning given by section
70-10
of the
Income Tax Assessment Act 1997
.
Definition of " trading stock " substituted by No 121 of 1997.
Tribunal
means the Administrative Review Tribunal.
Definition of " Tribunal " amended by No 38 of 2024, s 3 and Sch 1 item 63, by substituting " Administrative Review Tribunal " for " Administrative Appeals Tribunal " , effective 14 October 2024.
Definition of " Tribunal " inserted by No 48 of 1986.
trustee
in addition to every person appointed or constituted trustee by act of parties, by order, or declaration of a court, or by operation of law, includes:
(a) an executor or administrator, guardian, committee, receiver, or liquidator; and
(b) every person having or taking upon himself the administration or control of income affected by any express or implied trust, or acting in any fiduciary capacity, or having the possession, control or management of the income of a person under any legal or other disability.
unfranked part
of a distribution has the same meaning as in the
Income Tax Assessment Act 1997
.
Definition of " unfranked part " inserted by No 16 of 2003.
value of the outstanding claims liability
(Repealed by
No 79 of 2010
)
Definition of " value of the outstanding claims liability " repealed by No 79 of 2010 , s 3 and Sch 5 item 4, applicable to the first income year starting on or after 1 July 2010 and later income years. The definition formerly read:
value of the outstanding claims liability
of a general insurance company under general insurance policies has the meaning given by section 321-20 in Schedule 2J.
Definition of " value of the outstanding claims liability " inserted by No 97 of 2002.
value of the unearned premium reserve
(Repealed by
No 79 of 2010
)
Definition of " value of the unearned premium reserve " repealed by No 79 of 2010 , s 3 and Sch 5 item 5, applicable to the first income year starting on or after 1 July 2010 and later income years. The definition formerly read:
value of the unearned premium reserve
of a general insurance company under general insurance policies has the meaning given by section 321-60 in Schedule 2J .
Definition of " value of the unearned premium reserve " inserted by No 97 of 2002.
VCLP
means a venture capital limited partnership within the meaning of subsection
118-405(2)
of the
Income Tax Assessment Act 1997
.
Definition of " VCLP " inserted by No 136 of 2002.
VCMP
means a venture capital management partnership.
Definition of " VCMP " inserted by No 136 of 2002.
venture capital deficit tax
has the same meaning as in the
Income Tax Assessment Act 1997
.
Definition of " venture capital deficit tax " inserted by No 23 of 2005.
venture capital management partnership
has the meaning given by subsection
94D(3)
.
Definition of " venture capital management partnership " inserted by No 136 of 2002.
Veterans
'
Affairs Department
(Repealed by No 110 of 2014)
Definition of " Veterans ' Affairs Department " repealed by No 110 of 2014, s 3 and Sch 5 item 9(n), effective 16 October 2014. The definition formerly read:
Veterans ' Affairs Department
means the Department that:
(a) deals with matters arising under section 1 of the Veterans ' Entitlements Act 1986 ; and
(b) is administered by the Veterans ' Affairs Minister.
Definition of " Veterans ' Affairs Department " inserted by No 88 of 2009, s 3 and Sch 5 item 48, effective 18 September 2009.
Veterans
'
Affairs Minister
(Repealed by No 110 of 2014)
Definition of " Veterans ' Affairs Minister " repealed by No 110 of 2014, s 3 and Sch 5 item 9(o), effective 16 October 2014. The definition formerly read:
Veterans ' Affairs Minister
means the Minister administering section 1 of the Veterans ' Entitlements Act 1986 .
Definition of " Veterans ' Affairs Minister " inserted by No 88 of 2009, s 3 and Sch 5 item 49, effective 18 September 2009.
Veterans
'
Affairs Secretary
means the Secretary of the Department administered by the Minister administering the
Veterans
'
Entitlements Act 1986
.
Definition of " Veterans ' Affairs Secretary " substituted by No 110 of 2014, s 3 and Sch 5 item 10, effective 16 October 2014. The definition formerly read:
Veterans ' Affairs Secretary
means the Secretary of the Veterans ' Affairs Department.
Definition of " Veterans ' Affairs Secretary " inserted by No 88 of 2009, s 3 and Sch 5 item 50, effective 18 September 2009.
[ CCH Note: Definition of " Veterans ' Affairs Secretary " will be amended by No 17 of 2025, s 3 and Sch 8 item 33, by substituting " section 1 of the Military Rehabilitation and Compensation Act 2004 " for " the Veterans ' Entitlements Act 1986 " , effective 1 July 2026. ]
withholding tax
has the same meaning as in the
Income Tax Assessment Act 1997
.
Definition of " withholding tax " substituted by No 15 of 2007, s 3 and Sch 1 item 36, applicable to the 2007-2008 income year and later years. The definition formerly read:
withholding tax
means income tax payable in accordance with section 27GA or 128B .
Definition of " withholding tax " amended by No 15 of 2002; No 51 of 1973 and inserted by No 85 of 1967.
work and income support related withholding payments and benefits
means:
(a) payments from which an amount:
(i) must be withheld under a provision of Subdivision 12-B (other than section 12-55 ), 12-C or 12-D or Division 13 in Schedule 1 to the Taxation Administration Act 1953 (even if the amount is not withheld); or
(ii) would be required to be withheld under a provision mentioned in subparagraph (i) (other than section 12-55 ) apart from subsection 12-1(1A) in Schedule 1 to that Act; and
(b) amounts included in a person ' s assessable income under section 86-15 of the Income Tax Assessment Act 1997 in respect of which an amount must be paid under Division 13 in Schedule 1 to the Taxation Administration Act 1953 (even if the amount is not paid); and
(c) non-cash benefits in relation to which the provider of the benefit must pay an amount to the Commissioner under Division 14 in Schedule 1 to the Taxation Administration Act 1953 (even if the amount is not paid).
Note:
The payments covered by paragraph (a) are: payments to employees and company directors, payments to office holders, return to work payments, payments under labour hire arrangements, payments of annuities, superannuation benefits, payments for termination of employment, payments for unused leave, benefit payments, compensation payments and payments specified by regulations.
Definition of " work and income support related withholding payments and benefits " amended by No 56 of 2010, s 3 and Sch 6 item 55, by substituting " payments for termination of employment, " for " employment termination payments, " in the note, effective 3 June 2010.
Definition of " work and income support related withholding payments and benefits " amended by No 15 of 2007, s 3 and Sch 3 items 6 and 7, by substituting para (a) and substituting " annuities, superannuation benefits, employment termination payments " for " pensions and annuities, eligible termination payments " in the note, effective 15 March 2007. Para (a) formerly read:
(a) payments from which an amount must be withheld under a provision of Subdivision 12-B (other than section 12-55 ), 12-C or 12-D in Schedule 1 to the Taxation Administration Act 1953 (even if the amount is not withheld); and
Definition of " work and income support related withholding payments and benefits " inserted by No 101 of 2006. For application and savings provisions see the CCH Australian Income Tax Legislation archive.
year of income
means an income year as defined in subsection
995-1(1)
of the
Income Tax Assessment Act 1997
.
year of tax
means the financial year for which income tax is levied.
6(1A)
Unless the contrary intention appears, a reference in this Act to a failure to do an act or thing includes a reference to a refusal to do the act or thing.
S 6(1A) inserted by No 123 of 1984.
Archived:
The following definitions in s 6(1) have been repealed as inoperative by No 101 of 2006 , s 3 and Sch 1 items 6 to 31, effective 14 September 2006. For application and savings provisions and for former wording see the CCH Australian Income Tax Legislation archive : adopted child, assessable income from petroleum, Commonwealth country, Commonwealth labour market program, electronic signature, exempt income from petroleum, failure to notify penalty, firearms surrender arrangements, fishing operations, forest operations, horticulture, income from petroleum, income tax laws of Papua New Guinea, late reconciliation statement penalty, Papua New Guinea, Papua New Guinea independence day, pearling operations, petroleum, petroleum prospecting or mining information, petroleum prospecting or mining right, previous Act, primary production, public securities, reportable fringe benefits amount, shares, tainting amount.
Archived:
The following definitions in s 6(1) have been substituted by No 101 of 2006 , s 3 and Sch 2 items 118, 119, 121 to 124, 127, 129, 132 to 134, 136, 138 and 140, effective 14 September 2006. For application and savings provisions and for former wording see the CCH Australian Income Tax Legislation archive : apportionable deductions, assessable income, business, child, Commonwealth education or training payment, company, friendly society, general partner, minerals, natural resource, paid-up share capital, relative, spouse, year of income.
Archived:
S 6(1B) repealed as inoperative by No 101 of 2006 , s 3 and Sch 1 item 32, effective 14 September 2006. For application and savings provisions and for former wording see the CCH Australian Income Tax Legislation archive .
6(2)
(Repealed by No 97 of 2008 )
S 6(2) repealed by No 97 of 2008 , s 3 and Sch 3 item 5, effective 3 October 2008. S 6(2) formerly read:
6(2)
Unless the contrary intention appears, any reference in this Act (including subsection (2A) of this section) to a year of income commencing or ending on a specified date shall be deemed to include, in relation to a taxpayer who has adopted, or who is deemed to have adopted, under this Act, an accounting period in lieu of that year of income, a reference to:
(a) the adopted accounting period; or
(b) if the adopted accounting period ends under section 18A :
(i) in relation to the commencing of the year of income - the adopted accounting period (as ending under that section); or
(ii) in relation to the ending of the year of income - the accounting period ending under that section on the day on which the adopted accounting period would (but for that section) have ended.
S 6(2) amended by No 136 of 2002, No 4 of 1991 and inserted by No 6 of 1946.
6(2AA)
A reference in this Act to an accounting period adopted in lieu of a year of income includes a reference to an accounting period: (a) that commences or ends under section 18A ; and (b) that would, but for that section, form part of an accounting period so adopted.
S 6(2AA) amended by No 97 of 2008 , s 3 and Sch 3 item 6, by omitting " (other than subsection (2) of this section) " after " A reference in this Act " , effective 3 October 2008.
S 6(2AA) inserted by No 136 of 2002.
6(2AB)
The Commissioner may, by legislative instrument, make a determination modifying the operation of one or more provisions of this Act in relation to limited partnerships whose accounting periods commence or end under section 18A of the Income Tax Assessment Act 1936 .
S 6(2AB) amended by No 58 of 2006 , s 3 and Sch 7 item 241, by inserting " , by legislative instrument, " after " The Commissioner " , effective 22 June 2006.
S 6(2AB) inserted by No 136 of 2002.
6(2AC)
A determination can only be made under subsection (2AB) in order to take account of the fact that such accounting periods are of less than 12 months ' duration.
S 6(2AC) inserted by No 136 of 2002.
6(2AD)
(Repealed by No 58 of 2006 )
S 6(2AD) repealed by No 58 of 2006 , s 3 and Sch 7 item 242, effective 22 June 2006. S 6(2AD) formerly read:
6(2AD)
A determination under subsection (2AB) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901 .
S 6(2AD) inserted by No 136 of 2002.
6(2A)
(Repealed by No 97 of 2008 )
S 6(2A) repealed by No 97 of 2008 , s 3 and Sch 3 item 7, effective 3 October 2008. S 6(2A) formerly read:
6(2A)
A reference in this Act to a year of income preceded by a figure referring to 2 years is a reference to the year of income commencing on 1 July in the first of those years (for example, 1990-91 year of income refers to the year of income commencing on 1 July 1990).
S 6(2A) inserted by No 4 of 1991.
6(3)
The express references in this Act to companies do not imply that references to persons do not include references to companies.
S 6(3) amended by No 164 of 1973.
6(4)
Paragraph (d) of the definition of dividend in subsection (1) does not apply if, under an arrangement: (a) a person pays or credits any money or gives property to the company and the company credits its share capital account with the amount of the money or the value of the property; and (b) the company pays or credits any money, or distributes property to another person, and debits its share capital account with the amount of the money or the value of the property so paid, credited or distributed.
S 6(4) substituted by No 63 of 1998; amended by No 108 of 1981; No 51 of 1973 and inserted by No 85 of 1967.
6(5)
(Repealed by No 63 of 1998)
S 6(5) amended by No 108 of 1981 and inserted by No 85 of 1967.
6(6)
Where a place is, by virtue of paragraph (d) of the definition of permanent establishment in subsection (1), a permanent establishment of a person, the person shall, for the purposes of this Act, be deemed to be carrying on at or through that permanent establishment the business of selling the goods manufactured, assembled, processed, packed or distributed by the other person at the place that is that permanent establishment.
S 6(6) amended by No 51 of 1973 and inserted by No 4 of 1968.
Archived:
S 6(7) to (8) repealed as inoperative by No 101 of 2006 , s 3 and Sch 1 item 33, effective 14 September 2006. For application and savings provisions and for former wording see the CCH Australian Income Tax Legislation archive .
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