INCOME TAX ASSESSMENT ACT 1936 (ARCHIVE)

PART III - LIABILITY TO TAXATION  

Division 7 - Private companies  

SECTION 103A   PRIVATE COMPANIES  

103A(5A)   [Power to treat as public - tax liability]  

The Commissioner may, in pursuance of subsection (5), form an opinion that it is reasonable that a company should be treated as a public company for the purposes of subsection (1) in relation to a year of income notwithstanding that -


(a) if the Commissioner did not form such an opinion, the company would not, or might not, be liable to pay additional tax in accordance with section 104 ; or


(b) the forming of such an opinion by the Commissioner would impose on the company a liability to pay a greater amount of income tax than the company would otherwise be liable to pay.


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