INCOME TAX ASSESSMENT ACT 1936 (ARCHIVE)

PART III - LIABILITY TO TAXATION  

Division 13 - International agreements and determination of source of certain income  

SECTION 136AG  

136AG   MODIFIED APPLICATION OF SUBDIVISION C OF DIVISION 2  
Where:

(a) by the application of section 136AD in relation to a taxpayer, the arm's length consideration in respect of the supply or acquisition of property by the taxpayer is deemed to have been received or receivable or received and receivable, or to have been given or agreed to be given, as the case may be; or

(b) section 136AE has been applied in relation to any income derived by a taxpayer or any expenditure incurred by a taxpayer,

that consideration, income or expenditure, as the case may be, shall not be taken into account in the application of Subdivision C of Division 2 in relation to the taxpayer or, where the taxpayer is a partnership or the trustee of a trust estate, in relation to a partner in the partnership or a beneficiary of the trust estate, as the case may be.