INCOME TAX ASSESSMENT ACT 1936

PART IVA - SCHEMES TO REDUCE INCOME TAX  

SECTION 177K   DIVERTED PROFITS TAX - $25 MILLION INCOME TEST  

177K(1)  
This section applies in relation to the relevant taxpayer, in relation to the DPT tax benefit, if the sum of the following does not exceed $25 million:


(a) the assessable income of the relevant taxpayer for the year of income mentioned in paragraph 177J(1)(a) ;


(b) the exempt income of the relevant taxpayer for that year of income;


(c) the non-assessable non-exempt income of the relevant taxpayer for that year of income;


(d) the assessable income of each entity covered by subsection (2) for that year of income;


(e) if the DPT tax benefit is a tax benefit mentioned in paragraph 177C(1)(a) - the amount of the DPT tax benefit.

177K(2)  
An entity is covered by this subsection if for the year of income mentioned in paragraph 177J(1)(a) :


(a) the entity is an associate (within the meaning given by section 318 ) of the relevant taxpayer; and


(b) both the entity and the relevant taxpayer:


(i) are members of the same global group; and

(ii) are significant global entities because they are members of that group.

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