Income Tax Assessment Act 1997

CHAPTER 3 - SPECIALIST LIABILITY RULES  

PART 3-45 - RULES FOR PARTICULAR INDUSTRIES AND OCCUPATIONS  

Division 328 - Small business entities  

Subdivision 328-G - Restructures of small businesses  

Requirements for a roll-over under this Subdivision

SECTION 328-445   328-445   Residency requirement  


For the purposes of paragraph 328-430(1)(e) , the residency requirement for an entity is that:


(a) if the entity is an individual or a company - the entity is an Australian resident; or


(b) if the entity is a trust - it is a *resident trust for CGT purposes; or


(c) if the entity is a partnership (other than a *corporate limited partnership) - at least one of the partners is an Australian resident; or


(d) if the entity is a corporate limited partnership - it is, under section 94T of the Income Tax Assessment Act 1936 , a resident for the purposes of the *income tax law.


 

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