Income Tax Assessment Act 1936
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S 46J repealed by
No 79 of 2007
, s 3 and Sch 6 item 1, applicable in relation to distributions made on or after 1 July 2004. S 46J formerly read:
For the purposes of subsection
46I(3)
, but subject to subsection (5) of this section, the transfer of an amount from a disqualifying account to a non-disqualifying account is an
excluded transfer
if it is covered by subsection (2), (3) or (4). One case for the purposes of subsection (1) is where:
S 46J(2) amended by No 63 of 1998.
SECTION 46J EXCLUDED TRANSFERS
46J(1)
[Transfer of amount from disqualifying to non-disqualifying account]
46J(2)
Capital reduction for loss.
(a)
the disqualifying account is a share capital account; and
(b)
the transfer gives effect to a reduction in paid-up share capital that has been permanently lost or has permanently ceased to be represented by assets.
History
Another case for the purposes of subsection (1) is where:
Another case for the purposes of subsection (1) is where:
If the transfer of the whole or part of the amount in a subsection (2), (3) or (4) case takes place in carrying out a dividend payment or replacement arrangement (see subsection (6)), the transfer of the whole or the part is not an excluded transfer.
The transfer of an amount (the transferred amount ) takes place in carrying out a dividend payment or replacement arrangement if, under the arrangement:
S 46J inserted by No 170 of 1995.
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