Income Tax Assessment Act 1997

Chapter 4 inserted by No 162 of 2001.

Part 4-5 inserted by No 162 of 2001.

Div 768 heading substituted by No 110 of 2014, s 3 and Sch 2 item 3, applicable to distributions and non-share dividends made after 16 October 2014. Div 768 heading formerly read:

Division 768 - Exempt foreign income and gains

Div 768 inserted by No 96 of 2004.

Subdiv 768-H repealed by No 168 of 2006 , s 3 and Sch 4 item 87, applicable to CGT events that happen on or after 12 December 2006.

Subdiv 768-H inserted by No 21 of 2005.

S 768-610 repealed by No 168 of 2006 , s 3 and Sch 4 item 87, applicable to CGT events that happen on or after 12 December 2006. S 768-610 formerly read:

SECTION 768-610 Conditions  
768-610(1)
The conditions in this section must be satisfied if the relevant *CGT event happens to an interest in a *fixed trust (the first trust ) and the interest has the *necessary connection with Australia at the time of the CGT event.

768-610(2)
At least 90% (by *market value) of the *CGT assets of:

(a) the first trust; or

(b) a *fixed trust in which the first trust has an interest (directly, or indirectly through a *chain of fixed trusts);

must not have the *necessary connection with Australia at the time of the relevant *CGT event.

768-610(3)
If the condition in subsection (2) is not satisfied for the first trust (but is satisfied for a trust covered by paragraph (2)(b)), the condition in subsection (4) must be satisfied for the first trust, and for each other trust in the *chain of trusts between the first trust and the trust that satisfied the condition in subsection (2).

768-610(4)
The condition is that, assuming any interest in a *fixed trust in that *chain not to have the *necessary connection with Australia, at least 90% (by *market value) of the *CGT assets of the trust must not have the necessary connection with Australia.

S 768-610 inserted by No 21 of 2005.