Income Tax Assessment Act 1936
In this Division, unless the contrary intention appears:
(a) if the other company would, apart from subsection 103A(4D) , be a subsidiary of a public company for the purposes of section 103A in relation to that year of income by virtue of subsection 103A(4) - the public company or public companies referred to in paragraph 103A(4)(a) ; or
(b) if the other company would, apart from subsection 103A(4D) , be a subsidiary of a public company for the purposes of section 103A in relation to that year of income by virtue of subsection 103A(4B) - the listed company or listed companies referred to in paragraphs 103A(4B)(a) and (b) .
S 103 definitions of " special fund dividends " , " the distributable income " , " the prescribed period " , " the reduced distributable income " , " the retention allowance " , " the undistributed amount " , and s 103(1A) repealed as inoperative by No 101 of 2006 , s 3 and Sch 1 items 109 and 110, effective 14 September 2006. For application and savings provisions and for former wording see the CCH Australian Income Tax Legislation archive .
For the purposes of this Division, a person is the nominee of another person in relation to shares if that first-mentioned person may be required to exercise his or her voting power in relation to those shares at the direction of, or holds those shares directly or indirectly on behalf of or for the benefit of, that second-mentioned person.
For the purposes of this Division, shares in a company shall be deemed to be held indirectly on behalf of or for the benefit of a person (not being a private company, trustee or partnership) if, in the event of the payment of a dividend on those shares, that person would, otherwise than as a shareholder of the company, receive the whole or a part of that dividend if there were successive distributions of the relative parts of that dividend to and by each of any private companies, trustees or partnerships interposed between the company paying the dividend and that person.
For the purposes of this Division, a company shall be taken to have been a listed company during a period that was included in a year of income of another company (in this subsection referred to as the relevant year of income ) where:
(a) if the period was included in the year of income of the first-mentioned company (in this subsection referred to as the corresponding year of income ) that corresponded with the relevant year of income - the first-mentioned company was by virtue of paragraph 103A(2)(a) , a public company for the purposes of subsection 103A(1) in relation to the corresponding year of income; or
(b) if the period was included in the year of income of the first-mentioned company that immediately preceded or immediately followed the corresponding year of income - the first-mentioned company was, by virtue of paragraph 103A(2)(a) , a public company for the purposes of subsection 103A(1) in relation to that preceding or following year of income, as the case may be.
A reference in this Division to a right, power, option, agreement or instrument shall be read as including a reference to a right, power, option, agreement or instrument that is not enforceable by legal proceedings whether or not it was intended to be so enforceable.
For the purposes of this Division, an arrangement or understanding, whether formal or informal and whether expressed or implied, shall be deemed to be an agreement.
Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited
CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.
The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.