Income Tax Assessment Act 1936

PART III - LIABILITY TO TAXATION  

Division 7A - Distributions to entities connected with a private company  

Subdivision AA - Application of Division  

SECTION 109BB  

109BB   APPLICATION OF DIVISION TO CLOSELY-HELD CORPORATE LIMITED PARTNERSHIPS  

This Division applies to a corporate limited partnership in relation to a year of income in the same way as it applies to a private company in relation to a year of income, if, any time during the year of income:

(a) the partnership has fewer than 50 members; or

(b) any entity has, directly or indirectly, and for the entity's own benefit, an entitlement to a 75 % or greater share of the income or capital of the partnership.

Example:

Michael has an entitlement to an 80 % share of the income of 2 fixed trusts. The 2 fixed trusts have, between them, an entitlement to 100 % of the income of a corporate limited partnership. For the purposes of paragraph (b), Michael has, indirectly, and for his own benefit, an entitlement to a 75 % or greater share of the income of the partnership.