INCOME TAX ASSESSMENT ACT 1997
Entity means any of the following:
(a) an individual;
(b) a body corporate;
(c) a body politic;
(d) a partnership;
(e) any other unincorporated association or body of persons;
(f) a trust;
(g) a *superannuation fund;
(h) an *approved deposit fund.
The term entity is used in a number of different but related senses. It covers all kinds of legal person. It also covers groups of legal persons, and other things, that in practice are treated as having a separate identity in the same way as a legal person does.
Paragraph (1)(e) does not include a *non-entity joint venture.
The trustee of a trust, of a *superannuation fund or of an *approved deposit fund is taken to be an entity consisting of the person who is the trustee, or the persons who are the trustees, at any given time.
This is because a right or obligation cannot be conferred or imposed on an entity that is not a legal person.
The entity that is the trustee of a trust or fund does not change merely because of a change in the person who is the trustee of the trust or fund, or persons who are the trustees of the trust or fund.
A legal person can have a number of different capacities in which the person does things. In each of those capacities, the person is taken to be a different entity .
In addition to his or her personal capacity, an individual may be:
· sole trustee of one or more trusts; and · one of a number of trustees of a further trust.
In his or her personal capacity, he or she is one entity. As trustee of each trust, he or she is a different entity. The trustees of the further trust are a different entity again, of which the individual is a member.
If a provision refers to an entity of a particular kind, it refers to the entity in its capacity as that kind of entity, not to that entity in any other capacity.
A provision that refers to a company does not cover a company in a capacity as trustee, unless it also refers to a trustee.
Under section 87-35 , certain parts of Australian governments and authorities are treated as separate entities for the purposes of ascertaining whether another entity is conducting a personal services business.
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