Income Tax Assessment Act 1936
PART III
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LIABILITY TO TAXATION
Division 7A
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Distributions to entities connected with a private company
A private company is not taken under section 109C to pay a dividend because of the payment of an amount, to the extent that the payment:
(a) discharges an obligation of the private company to pay money to the entity; and
(b) is not more than would have been required to discharge the obligation had the private company and entity been dealing with each other at arm's length.
Subdivision D
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Payments and loans that are not treated as dividends
SECTION 109J
109J
PAYMENTS DISCHARGING PECUNIARY OBLIGATIONS NOT TREATED AS DIVIDENDS
A private company is not taken under section 109C to pay a dividend because of the payment of an amount, to the extent that the payment:
(a) discharges an obligation of the private company to pay money to the entity; and
(b) is not more than would have been required to discharge the obligation had the private company and entity been dealing with each other at arm's length.
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