INCOME TAX ASSESSMENT ACT 1936 (ARCHIVE)

PART III - LIABILITY TO TAXATION  

Division 11A - Dividends, interest and royalties paid to non-residents and to certain other persons  

Subdivision A - General  

SECTION 128A   INTERPRETATION  

128A(1)  

"associated persons"
, in relation to interests in, or rights in respect of, an entity, means 2 or more persons who, in the opinion of the Commissioner, are so associated, related or connected that it is reasonable to assume that they will or may exercise rights, or take other action, in relation to the entity in the one way or in accordance with understandings or arrangements between them.

"bearer debenture"
means a debenture in respect of which:


(a) the principal and interest moneys are expressed to be payable to the bearer of the debenture; and


(b) there does not exist any right or option, whether absolute or contingent, by virtue of which any of those moneys could become payable otherwise than to the bearer of the debenture.

128A(4)   [Sections where ``tax'' includes withholding tax]  

In sections 103AA, 214, 218, 260 and 261, but, unless the contrary intention appears, not in any other section of this Act, ``income tax'' or ``tax'' includes withholding tax.

128A(8)   [``qualifying use'']  

For the purposes of this Division:


(a) a reference to a qualifying use, in relation to loan moneys, shall be read as a reference to use of those moneys for the purposes of an enterprise at a time when the enterprise is or was (whether by reason of the transaction by which those moneys became available for that use or otherwise) an enterprise owned by an Australian entity or an enterprise in which there is substantial Australian participation; and


(b) where any loan moneys have been put to a qualifying use, the qualifying use shall be deemed to continue until:


(i) the enterprise ceases to be an enterprise of a kind referred to in paragraph (a); or

(ii) the moneys are repaid to, or otherwise received back by, the person by whom they were made available to the entity that has used them for the purposes of the enterprise, or the moneys are used otherwise than for the purposes of the enterprise;
and no longer.


 

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