Income Tax Assessment Act 1936
PART III
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LIABILITY TO TAXATION
Division 9A
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Offshore banking units
(a) (Repealed by No 110 of 2021)
(b) (Repealed by No 110 of 2021)
(c) (Repealed by No 143 of 2007 ) (d) income from OB activities is taken to be Australian sourced; (e) a deemed interest penalty applies to equity provided by an OBU's resident owner; (f) income of OBU offshore investment trusts is exempt from tax; (g) income derived by overseas charitable institutions from OBUs is exempt from tax; (h) certain adjustments are made to the capital gains and losses that flow from disposals of certain interests in trusts of which an OBU is the trustee.
Subdivision A
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Object and simplified outline
SECTION 121B
SIMPLIFIED OUTLINE
121B(1)
Scope of section.
The following is a simplified outline of the Division.
121B(2) Main concepts.Subdivision B sets out the concepts used in the Division, the most important being:
(a) OB activity (sections 121D , 121EA and 121EAA ) together with the related definition of offshore person (section 121E ); and (b) special income and allowable deduction definitions relating to OB activities (sections 121EDA to 121EF ).
121B(3)
Operative provisions.
Subdivision C contains the operative provisions. Basically, they provide as follows:
(a) (Repealed by No 110 of 2021)
(b) (Repealed by No 110 of 2021)
(c) (Repealed by No 143 of 2007 ) (d) income from OB activities is taken to be Australian sourced; (e) a deemed interest penalty applies to equity provided by an OBU's resident owner; (f) income of OBU offshore investment trusts is exempt from tax; (g) income derived by overseas charitable institutions from OBUs is exempt from tax; (h) certain adjustments are made to the capital gains and losses that flow from disposals of certain interests in trusts of which an OBU is the trustee.
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