Income Tax Assessment Act 1936

Div 11B repealed by No 23 of 2018, s 3 and Sch 1 item 10, effective 1 April 2018. No 23 of 2018, s 3 and Sch 1 item 19 contains the following application provision:

19 Application of amendments  
(1)
The amendments made by this Part apply in relation to assessments for:

(a) the 2017-18 year of income; and

(b) later years of income.

(2)
However, the amendments made by this Part do not apply to a taxpayer in relation to a threshold interest that the taxpayer acquired before the commencement of this item.

No 23 of 2018, s 3 and Sch 1 Pt 7 contain the following general application and transitional provisions:

Part 7 - General application and transitional provisions

75 Object  
75
The object of this Part is to ensure that, despite the repeals and amendments made by this Schedule, the full legal and administrative consequences of:

(a) any act done or omitted to be done; or

(b) any state of affairs existing; or

(c) any period ending;

before such a repeal or amendment applies, can continue to arise and be carried out, directly or indirectly through an indefinite number of steps, even if some or all of those steps are taken after the repeal or amendment applies.

76 Making and amending assessments, and doing other things, in relation to past matters  
76
Even though an Act is repealed or amended by this Schedule, the repeal or amendment is disregarded for the purpose of doing any of the following under any Act or legislative instrument:

(a) making or amending an assessment (including under a provision that is itself repealed or amended);

(b) exercising any right or power, performing any obligation or duty or doing any other thing (including under a provision that is itself repealed or amended);

in relation to any act done or omitted to be done, any state of affairs existing, or any period ending, before the repeal or amendment applies.

77 Saving of provisions about effect of assessments  
77
If a provision or part of a provision that is repealed or amended by this Schedule deals with the effect of an assessment, the repeal or amendment is disregarded in relation to assessments made, before or after the repeal or amendment applies, in relation to any act done or omitted to be done, any state of affairs existing, or any period ending, before the repeal or amendment applies. 78 Repeals disregarded for the purposes of dependent provisions  
78
If the operation of a provision (the subject provision ) of any Act or legislative instrument depends to any extent on an Act, or a provision of an Act, that is repealed by this Schedule, the repeal is disregarded so far as it affects the operation of the subject provision. 79 Part does not limit operation of section 7 of the Acts Interpretation Act 1901  
79
This Part does not limit the operation of section 7 of the Acts Interpretation Act 1901 .

Div 11B inserted by No 78 of 1996.

S 128TI repealed by No 23 of 2018, s 3 and Sch 1 item 10, effective 1 April 2018. For application provision, and general application and transitional provisions, see note under Pt III Div 11B heading. S 128TI formerly read:

SECTION 128TI CONSEQUENCES OF DIVISION APPLYING  
128TI
If this Division applies:

(a) no profit on the disposal is included in the taxpayer ' s assessable income of any year of income under section 6-5 of the Income Tax Assessment Act 1997 ; and

(b) no loss on the disposal is allowable as a deduction from the taxpayer ' s assessable income of any year of income under section 8-1 of that Act; and

(c) the taxpayer is taken:

(i) to have disposed of the shares, at the time of acquiring the threshold interest in the SME, for a consideration equal to their market value at the time; and

(ii) to have re-acquired the shares immediately afterwards (for the purposes of this section, as if they had been issued to the taxpayer) for an amount equal to that consideration; and

(d) any profit or loss on the disposal that is taken to have happened by subparagraph (c)(i) is included in the taxpayer ' s assessable income under section 6-5 of that Act, or is an allowable deduction under section 8-1 of that Act, in the year of income in which the shares are actually (disregarding that subparagraph) disposed of, and not in any other year of income.

Note:

As a result of this section, the tax consequences of the actual disposal will be dealt with under section 6-5 or 8-1 of that Act in respect of any period of holding before the acquisition of the threshold interest and under Parts 3-1 and 3-3 (about CGT) of the Income Tax Assessment Act 1997 in respect of any period after the acquisition of that interest.

S 128TI note amended by No 46 and No 16 of 1998, and No 78 of 1996.