Income Tax Assessment Act 1936

s 1 — Short title

This Act may be cited as the Income Tax Assessment Act 1936 .

Amendment history: Repealed and substituted by No 48 of 1950, effective s 3–34 and 36: 14 Dec 1950 (s 2) | Repealed and substituted by No 103 of 1965, effective 14 Dec 1965 (s 2)

s 6 — Interpretation

(1AA) So far as a provision of the Income Tax Assessment Act 1936 gives an expression a particular meaning, the provision does not also have effect for the purposes of the Income Tax Assessment Act 1997 (the 1997 Act ), or for the purposes of Schedule 1 to the Taxation Administration Act 1953 , except as provided in the 1997 Act or in that Schedule. (1) In this Act, unless the contrary intention appears: 100% subsidiary has the same meaning as in the Income Tax Assessment Act 1997 . adjusted fringe benefits total , of a taxpayer for a year of income, has the meaning given by clause 4 of Schedule 3 to the A New Tax System (Family Assistance) Act 1999 . adjusted taxable income for rebates means adjusted taxable income (within the meaning of the A New Tax System (Family Assistance) Act 1999 , disregarding clauses 3 and 3A of Schedule 3 to that Act). AFOF means an Australian venture capital fund of funds within the meaning of subsection 118 ‑ 410(3) of the Income Tax Assessment Act 1997 . agent : this Act applies to some entities (within the meaning of the Income Tax Assessment Act 1997 ) that are not agents in the same way as it applies to agents: see section 960 ‑ 105 of the Income Tax Assessment Act 1997 . allowable deduction has the same meaning as deduction has in the Income Tax Assessment Act 1997 . AMIT (short for attribution managed investment trust ) has the same meaning as in the Income Tax Assessment Act 1997 . amount paid ‑ up on a share means the amount (if any), including any premium, paid on that share. amount unpaid on a share means the amount (if any) unpaid on that share. apportionable deductions has the meaning given by subsection 995 ‑ 1(1) of the Income Tax Assessment Act 1997 . approved form has the meaning given by section 388 ‑ 50 in Schedule 1 to the Taxation Administration Act 1953 . approved stock exchange has the same meaning as in the Income Tax Assessment Act 1997 . assessable income has the meaning given by subsection 995 ‑ 1(1) of the Income Tax Assessment Act 1997 . assessment means: (a) the ascertainment: (i) of the amount of taxable income (or that there is no taxable income); and (ii) of the tax payable on that taxable income (or that no tax is payable); and (iii) of the total of a taxpayer’s tax offset refunds for a year of income (or that the taxpayer can get no such refunds for the year of income); or Note 1: A taxpayer does not have a taxable income if the taxpayer’s deductions equal or exceed the taxpayer’s assessable income: see subsection 4 ‑ 15(1) of the Income Tax Assessment Act 1997 . Note 2: A taxpayer may have no tax payable on an amount of taxable income if that income is below the tax ‑ free threshold or if the taxpayer’s tax offsets reduce the taxpayer’s basic income tax liability to nil. (c) for a taxpayer that is the trustee of a unit trust that is a public trading trust (within the meaning of section 102R)—the ascertainment: (i) of the net income of the trust (within the meaning of section 102M) (or that there is no net income); and (ii) of the tax payable on that net income (or that no tax is payable); and (iii) of the total of a taxpayer’s tax offset refunds for a year of income (or that the taxpayer can get no such refunds for the year of income); or (d) for a taxpayer that is the trustee of a trust estate (other than a trustee to which paragraph (b) or (c) applies or the trustee of a complying superannuation fund, a non ‑ complying superannuation fund, a complying approved deposit fund, a non ‑ complying approved deposit fund or a pooled superannuation trust)—the ascertainment: (i) of so much of the net income of the trust estate as is net income in respect of which the trustee is liable to pay tax (or that there is no net income in respect of which the trustee is so liable); and (ii) of the tax payable on that net income (or that no tax is payable); and (iii) of the total of a taxpayer’s tax offset refunds for a year of income (or that the taxpayer can get no such refunds for the year of income); or (e) the ascertainment of the amount of interest payable under section 102AAM (about distributions from non ‑ resident trust estates); or (h) the ascertainment of the amount of income tax payable on the no ‑ TFN contributions income as defined by section 295 ‑ 610 of the Income Tax Assessment Act 1997 (or that no tax is payable); or (j) the ascertainment of the amount payable (or that no amount is payable) under the following: (i) subsection 276 ‑ 105(2) of the Income Tax Assessment Act 1997 (AMIT trustee taxed on amounts attributed to foreign resident members); (ii) subsection 276 ‑ 340(2) of that Act (AMIT trustee taxed on trust component deficit of character relating to tax offset); (iii) subsection 276 ‑ 405(2) of that Act (AMIT trustee taxed on shortfall in determined member components of character relating to assessable income); (iv) subsection 276 ‑ 410(2) of that Act (AMIT trustee taxed on excess in determined member components of character relating to tax offset); (v) subsection 276 ‑ 415(2) of that Act (AMIT trustee taxed on amounts of determined trust component that are not reflected in member components); (vi) subsection 276 ‑ 420(2) of that Act (AMIT trustee taxed on amounts of under of character relating to assessable income not properly carried forward); (vii) subsection 276 ‑ 425(2) of that Act (AMIT trustee taxed on amounts of over of character relating to tax offset not properly carried forward); or (k) the ascertainment of the amount payable under subsection 177P(1) (diverted profits tax). attribution managed investment trust : see AMIT . Australia has the same meaning as in the Income Tax Assessment Act 1997 . Australian superannuation fund has the meaning given by subsection 995 ‑ 1(1) of the Income Tax Assessment Act 1997 . bank or banker includes, but is not limited to, a body corporate that is an ADI (authorised deposit ‑ taking institution) for the purposes of the Banking Act 1959 . base interest rate has the meaning given by subsection 995 ‑ 1(1) of the Income Tax Assessment Act 1997 . basic income tax liability has the meaning given by section 4 ‑ 10 of the Income Tax Assessment Act 1997 . business has the meaning given by subsection 995 ‑ 1(1) of the Income Tax Assessment Act 1997 . capital gain has the same meaning as in the Income Tax Assessment Act 1997 . capital loss has the same meaning as in the Income Tax Assessment Act 1997 . capital proceeds has the same meaning as in the Income Tax Assessment Act 1997 . CGT asset has the same meaning as in the Income Tax Assessment Act 1997 . CGT event has the same meaning as in the Income Tax Assessment Act 1997 . Chief Executive Centrelink has the same meaning as in the Human Services (Centrelink) Act 1997 . child has the meaning given by subsection 995 ‑ 1(1) of the Income Tax Assessment Act 1997 . Commissioner means the Commissioner of Taxation. Commonwealth education or training payment has the meaning given by subsection 995 ‑ 1(1) of the Income Tax Assessment Act 1997 . company has the meaning given by subsection 995 ‑ 1(1) of the Income Tax Assessment Act 1997 . complying approved deposit fund has the meaning given by subsection 995 ‑ 1(1) of the Income Tax Assessment Act 1997 . complying superannuation fund has the meaning given by subsection 995 ‑ 1(1) of the Income Tax Assessment Act 1997 . consolidated group has the same meaning as in the Income Tax Assessment Act 1997 . constituent document , in relation to a company, means the memorandum and articles of association of the company, or any rules or other document constituting the company or governing its activities. corporate limited partnership has the meaning given by section 94D. corporate tax entity has the same meaning as in the Income Tax Assessment Act 1997 . corporate tax rate has the same meaning as in the Income Tax Assessment Act 1997 . cost base of a CGT asset has the same meaning as in the Income Tax Assessment Act 1997 . creditable acquisition has the meaning given by section 195 ‑ 1 of the GST Act. debenture , in relation to a company, includes debenture stock, bonds, notes and any other securities of the company, whether constituting a charge on the assets of the company or not. debt interest has the same meaning as in the Income Tax Assessment Act 1997 . deductible gift recipient has the meaning given by the Income Tax Assessment Act 1997 . demerged entity has the meaning given by section 125 ‑ 70 of the Income Tax Assessment Act 1997 . demerger has the meaning given by section 125 ‑ 70 of the Income Tax Assessment Act 1997 . demerger allocation means: (a) the total market value of the allocation represented by the ownership interests issued by the demerged entity in itself under a demerger to the owners of ownership interests in the head entity of the demerger group; or (b) the total market value of the allocation represented by the ownership interests disposed of by a member of a demerger group under a demerger to the owners of ownership interests in the head entity; or (c) the total of both of those market values. demerger dividend means that part of a demerger allocation that is assessable as a dividend under subsection 44(1) or that would be so assessable apart from subsections 44(3) and (4). demerger group has the meaning given by section 125 ‑ 65 of the Income Tax Assessment Act 1997 . demerger subsidiary has the meaning given by section 125 ‑ 65 of the Income Tax Assessment Act 1997 . demerging entity has the meaning given by section 125 ‑ 70 of the Income Tax Assessment Act 1997 . depreciating asset has the same meaning as in the Income Tax Assessment Act 1997 . Deputy Commissioner means a Deputy Commissioner of Taxation. distribution , when used in a franking context, has the same meaning as in the Income Tax Assessment Act 1997 . diverted profits tax has the meaning given by the Income Tax Assessment Act 1997 . dividend includes: (a) any distribution made by a company to any of its shareholders, whether in money or other property; and (b) any amount credited by a company to any of its shareholders as shareholders; but does not include: (d) moneys paid or credited by a company to a shareholder or any other property distributed by a company to shareholders (not being moneys or other property to which this paragraph, by reason of subsection (4), does not apply or moneys paid or credited, or property distributed for the redemption or cancellation of a redeemable preference share), where the amount of the moneys paid or credited, or the amount of the value of the property, is debited against an amount standing to the credit of the share capital account of the company; or (e) moneys paid or credited, or property distributed, by a company for the redemption or cancellation of a redeemable preference share if: (i) the company gives the holder of the share a notice when it redeems or cancels the share; and (ii) the notice specifies the amount paid ‑ up on the share immediately before the cancellation or redemption; and (iii) the amount is debited to the company’s share capital account; except to the extent that the amount of those moneys or the value of that property, as the case may be, is greater than the amount specified in the notice as the amount paid ‑ up on the share; or (f) a reversionary bonus on a life assurance policy. Note: Subsection (4) sets out when paragraph (d) of this definition does not apply. Division 230 financial arrangement has the same meaning as in the Income Tax Assessment Act 1997 . dual resident investment company has the meaning given by section 6F. dwelling has the meaning given by the Income Tax Assessment Act 1997 . eligible taxable income has the meaning given by section 102AD. Employment Secretary has the meaning given by the Income Tax Assessment Act 1997 . employment termination payment has the same meaning as in the Income Tax Assessment Act 1997. equity holder has the same meaning as in the Income Tax Assessment Act 1997 . equity interest has the same meaning as in the Income Tax Assessment Act 1997 . ESVCLP means an early stage venture capital limited partnership within the meaning of subsection 118 ‑ 407(4) of the Income Tax Assessment Act 1997 . exempt entity has the same meaning as in the Income Tax Assessment Act 1997 . exempt income has the meaning given by section 6 ‑ 20 of the Income Tax Assessment Act 1997 . exploration credit has the same meaning as in the Income Tax Assessment Act 1997 . Families Secretary has the meaning given by the Income Tax Assessment Act 1997 . farm management deposit has the meaning given by the Income Tax Assessment Act 1997 . FMD provider has the meaning given by the Income Tax Assessment Act 1997 . foreign superannuation fund has the meaning given by subsection 995 ‑ 1(1) of the Income Tax Assessment Act 1997 . foreign tax has the meaning given by section 6AB. frankable distribution has the same meaning as in the Income Tax Assessment Act 1997 . franked part of a distribution has the same meaning as in the Income Tax Assessment Act 1997 . franking credit has the same meaning as in the Income Tax Assessment Act 1997 . franking debit has the same meaning as in the Income Tax Assessment Act 1997 . franking deficit tax has the same meaning as in the Income Tax Assessment Act 1997 . franking surplus has the same meaning as in the Income Tax Assessment Act 1997 . franks with an exempting credit has the same meaning as in the Income Tax Assessment Act 1997 . friendly society has the meaning given by subsection 995 ‑ 1(1) of the Income Tax Assessment Act 1997 . friendly society dispensary has the meaning given by subsection 995 ‑ 1(1) of the Income Tax Assessment Act 1997 . fringe benefit has the meaning given by subsection 995 ‑ 1(1) of the Income Tax Assessment Act 1997 . full self ‑ assessment taxpayer , for a year of income (the current year ), means any of the following: (a) a company; (c) the trustee of a trust that is a public trading trust in relation to the current year for the purposes of Division 6C of Part III; (d) the trustee of a complying approved deposit fund or a non ‑ complying approved deposit fund in relation to the current year; (e) the trustee of a complying superannuation fund or a non ‑ complying superannuation fund in relation to the current year; (f) the trustee of a pooled superannuation trust in relation to the current year. Note: A corporate limited partnership is taken to be a company under section 94J, so it will fall within paragraph (a) of this definition. fund payment has the same meaning as in the Income Tax Assessment Act 1997 . general insurance company has the same meaning as in the Income Tax Assessment Act 1997 . general insurance policy has the same meaning as in the Income Tax Assessment Act 1997 . general interest charge means the charge worked out under Part IIA of the Taxation Administration Act 1953 . general partner has the meaning given by subsection 995 ‑ 1(1) of the Income Tax Assessment Act 1997 . GST Act means the A New Tax System (Goods and Services Tax) Act 1999 . head company of a consolidated group or a MEC group has the same meaning as in the Income Tax Assessment Act 1997 . head entity of a demerger group has the meaning given by section 125 ‑ 65 of the Income Tax Assessment Act 1997 . Health Minister has the meaning given by the Income Tax Assessment Act 1997 . hold , in relation to an RSA, has the same meaning as in the Retirement Savings Accounts Act 1997 . holder , in relation to an RSA, has the same meaning as in the Retirement Savings Accounts Act 1997 . income from personal exertion or income derived from personal exertion means income consisting of earnings, salaries, wages, commissions, fees, bonuses, pensions, superannuation allowances, retiring allowances and retiring gratuities, allowances and gratuities received in the capacity of employee or in relation to any services rendered, the proceeds of any business carried on by the taxpayer either alone or as a partner with any other person, any amount received as a bounty or subsidy in carrying on a business, any amount that is included in the assessable income of the taxpayer by reason of section 393 ‑ 10 of the Income Tax Assessment Act 1997 , the income from any property where that income forms part of the emoluments of any office or employment of profit held by the taxpayer, and any profit arising from the sale by the taxpayer of any property acquired by the taxpayer for the purpose of profit ‑ making by sale or from the carrying on or carrying out of any profit ‑ making undertaking or scheme, but does not include: (a) interest, unless the taxpayer’s principal business consists of the lending of money, or unless the interest is received in respect of a debt due to the taxpayer for goods supplied or services rendered by the taxpayer in the course of the taxpayer’s business; or (b) rents, dividends or non ‑ share dividends. income from property or income derived from property means all income not being income from personal exertion. income tax means income tax imposed as such by any Act, as assessed under this Act, but, except in section 260, does not include mining withholding tax or withholding tax. Indigenous land has the same meaning as in the Income Tax Assessment Act 1997 . Indigenous person has the same meaning as in the Income Tax Assessment Act 1997 . industrial, commercial or scientific equipment means industrial, commercial or scientific equipment to the extent that an amount paid or credited as consideration for the use of the equipment, or for the right to use the equipment, is not rent from land (including rent from an interest in land or rent from fixtures on land). insurance business has the same meaning as in the Insurance Act 1973 . insurance funds , in relation to a company, means all the Australian statutory funds of the company and all other funds maintained by the company in respect of the life assurance business of the company. interest income , in relation to a taxpayer, means income consisting of interest, or a payment in the nature of interest, in respect of: (a) money lent, advanced or deposited; or (b) credit given; or (c) any other form of debt or liability; whether security is given or not, other than: (d) an amount to the extent to which it is a return on an equity interest in a company; or (e) interest derived by the taxpayer from a transaction directly related to the active conduct of a trade or business; or (f) interest derived by the taxpayer from carrying on a banking business or any other business whose income is principally derived from the lending of money; or (g) interest received by the taxpayer during a year of income from a foreign company, where: (i) at any time during the year of income, the taxpayer had (or would have had, if the taxpayer were a company and a resident), a voting interest, within the meaning of section 334A, amounting to at least 10% of the voting power, within the meaning of that section, in that company; and (ii) during the year of income or the preceding year of income, the company has not derived an amount of interest income exceeding 10% of the total profits derived by the company during the same year. junior minerals exploration incentive tax offset means a tax offset under Subdivision 418 ‑ B of the Income Tax Assessment Act 1997 . life assurance company has the meaning given to life insurance company by the Income Tax Assessment Act 1997 . life assurance policy has the meaning given to life insurance policy by the Income Tax Assessment Act 1997 . life assurance premium has the meaning given to life insurance premium by the Income Tax Assessment Act 1997 . limited partner has the same meaning as in the Income Tax Assessment Act 1997 . limited partnership has the same meaning as in the Income Tax Assessment Act 1997 . liquidator means the person who, whether or not appointed as liquidator, is the person required by law to carry out the winding ‑ up of a company. listed public company has the same meaning as in the Income Tax Assessment Act 1997 . Note: For the meaning of listed public company in Schedule 2F to this Act, see section 272 ‑ 135 in that Schedule. loss carry back tax offset has the same meaning as in the Income Tax Assessment Act 1997 . loss year has the same meaning as in the Income Tax Assessment Act 1997 . managed investment trust has the same meaning as in the Income Tax Assessment Act 1997 . MEC group has the same meaning as in the Income Tax Assessment Act 1997 . Medicare levy means Medicare levy imposed as such by any Act as assessed under this Act. Medicare levy (fringe benefits) surcharge has the meaning given by the Income Tax Assessment Act 1997 . member of a consolidated group or MEC group has the same meaning as in the Income Tax Assessment Act 1997 . member of a family tax benefit (Part B) family without shared care : a taxpayer is a member of a family tax benefit (Part B) family without shared care if: (a) the taxpayer, or the taxpayer’s spouse while being the taxpayer’s partner (within the meaning of the A New Tax System (Family Assistance) Act 1999 ), is eligible for family tax benefit at the Part B rate (within the meaning of that Act); and (b) clause 31 of Schedule 1 to that Act does not apply in respect of the Part B rate. minerals has the meaning given by subsection 995 ‑ 1(1) of the Income Tax Assessment Act 1997 . mining withholding tax means income tax payable in accordance with section 128V. mortgage includes any charge, lien or encumbrance to secure the repayment of money. mutual life assurance company means a life assurance company the profits of which are divisible only among the policy holders. natural resource has the meaning given by subsection 995 ‑ 1(1) of the Income Tax Assessment Act 1997 . net capital gain has the same meaning as in the Income Tax Assessment Act 1997 . net capital loss has the same meaning as in the Income Tax Assessment Act 1997 . net GST has the meaning given by section 995 ‑ 1 of the Income Tax Assessment Act 1997 . net input tax credit has the meaning given by section 995 ‑ 1 of the Income Tax Assessment Act 1997 . non ‑ assessable non ‑ exempt income has the meaning given by the Income Tax Assessment Act 1997 . non ‑ complying approved deposit fund has the meaning given by subsection 995 ‑ 1(1) of the Income Tax Assessment Act 1997 . non ‑ complying superannuation fund has the meaning given by subsection 995 ‑ 1(1) of the Income Tax Assessment Act 1997 . non ‑ entity joint venture has the meaning given by subsection 995 ‑ 1(1) of the Income Tax Assessment Act 1997 . non ‑ equity share has the same meaning as in the Income Tax Assessment Act 1997 . non ‑ resident means a person who is not a resident of Australia. non ‑ share capital account has the same meaning as in the Income Tax Assessment Act 1997 . non ‑ share capital return has the same meaning as in the Income Tax Assessment Act 1997 . non ‑ share distribution has the same meaning as in the Income Tax Assessment Act 1997 . non ‑ share dividend has the same meaning as in the Income Tax Assessment Act 1997 . non ‑ share equity interest has the same meaning as in the Income Tax Assessment Act 1997 . once ‑ only deduction : a deduction in a year of income in respect of a percentage of expenditure is a once ‑ only deduction , in relation to the expenditure, if no deduction is allowable in respect of a percentage of the expenditure in any other year of income. ordinary class has the same meaning as in the Income Tax Assessment Act 1997 . ordinary income has the same meaning as in the Income Tax Assessment Act 1997 . over ‑ franking tax has the same meaning as in the Income Tax Assessment Act 1997 . owner of a farm management deposit has the meaning given by the Income Tax Assessment Act 1997 . ownership interest has the meaning given by section 125 ‑ 60 of the Income Tax Assessment Act 1997 . paid in relation to dividends or non ‑ share dividends includes credited or distributed. paid ‑ up share capital has the meaning given by subsection 995 ‑ 1(1) of the Income Tax Assessment Act 1997 . parent has the meaning given by subsection 995 ‑ 1(1) of the Income Tax Assessment Act 1997 . partnership has the same meaning as in the Income Tax Assessment Act 1997 . part of a distribution that is franked with an exempting credit has the same meaning as in the Income Tax Assessment Act 1997 . part of a distribution that is franked with a venture capital credit has the same meaning as in the Income Tax Assessment Act 1997 . passive commodity gain , in relation to a taxpayer, in relation to a year of income, means a gain realised by the taxpayer in a year of income from disposing of a forward contract or a futures contract, or a right or option in respect of a forward contract or a futures contract, in respect of any thing (a commodity ): (a) that is capable of delivery under an agreement for its delivery; and (b) that is not an instrument creating or evidencing a chose in action; unless the contract, right or option relates to the carrying on by the taxpayer of a business: (c) of producing or processing the commodity; or (d) that involves the use of the commodity as a raw material in a production process. passive income , in relation to a taxpayer, in relation to a year of income means: (a) dividends (within the meaning of this section) and non ‑ share dividends paid to the taxpayer in the year of income; or (b) unit trust dividends (within the meaning of Division 6C) paid to the taxpayer in the year of income; or (c) a distribution made to the taxpayer in the year of income that is taken to be a dividend because of section 47; or (d) an amount that is taken to be a dividend paid to the taxpayer in the year of income because of section 47A or 108 or Division 7A of Part III; or (e) interest income derived by the taxpayer in the year of income; or (f) annuities derived by the taxpayer in the year of income; or (g) income derived by the taxpayer by way of rent (within the meaning of Part X) in the year of income; or (h) royalties derived by the taxpayer in the year of income; or (i) an amount derived by the taxpayer in the year of income as consideration for the assignment, in whole or in part, of any copyright, patent, design, trade mark or other like property or right; or (j) profits of a capital nature that accrued to the taxpayer in the year of income; or (k) passive commodity gains that accrued to the taxpayer in the year of income; or (l) an amount included in the assessable income of the taxpayer of the year of income under section 102AAZD, 456, 457 or 459A; but does not include: (m) an amount that arose from an asset necessarily held by the taxpayer in connection with an insurance business actively carried on by the taxpayer; or (n) an amount included in the taxpayer’s assessable income under Division 83A of the Income Tax Assessment Act 1997 (about employee share schemes). PDF (pooled development fund) means a company that is a PDF within the meaning of the Pooled Development Funds Act 1992 , but does not include such a company in the capacity of a trustee. PDF component , in relation to a company that becomes a PDF during the year of income and is still a PDF at the end of the year of income, means: (a) in a case where the amount that, if: (i) the period beginning at the start of the year of income and ending immediately before the company becomes a PDF were a year of income of the company; and (ii) the period ( the PDF notional year ) beginning when the company becomes a PDF and ending at the end of the year of income were a year of income of the company; and (iii) paragraph (c) of the definition of taxable income were omitted; would be the company’s taxable income of the PDF notional year is $1 or more—that amount; or (b) otherwise—a nil amount. permanent establishment , in relation to a person (including the Commonwealth, a State or an authority of the Commonwealth or a State), means a place at or through which the person carries on any business and, without limiting the generality of the foregoing, includes: (a) a place where the person is carrying on business through an agent; (b) a place where the person has, is using or is installing substantial equipment or substantial machinery; (c) a place where the person is engaged in a construction project; and (d) where the person is engaged in selling goods manufactured, assembled, processed, packed or distributed by another person for, or at or to the order of, the first ‑ mentioned person and either of those persons participates in the management, control or capital of the other person or another person participates in the management, control or capital of both of those persons—the place where the goods are manufactured, assembled, processed, packed or distributed; but does not include: (e) a place where the person is engaged in business dealings through a bona fide commission agent or broker who, in relation to those dealings, acts in the ordinary course of his or her business as a commission agent or broker and does not receive remuneration otherwise than at a rate customary in relation to dealings of that kind, not being a place where the person otherwise carries on business; (f) a place where the person is carrying on business through an agent: (i) who does not have, or does not habitually exercise, a general authority to negotiate and conclude contracts on behalf of the person; or (ii) whose authority extends to filling orders on behalf of the person from a stock of goods or merchandise situated in the country where the place is located, but who does not regularly exercise that authority; not being a place where the person otherwise carries on business; or (g) a place of business maintained by the person solely for the purpose of purchasing goods or merchandise. Note: Subsection (6) treats a person as carrying on, at or through a permanent establishment that is a place described in paragraph (d) of this definition, the business of selling the goods manufactured, assembled, processed, packed or distributed by the other person as described in that paragraph. person has the same meaning as in the Income Tax Assessment Act 1997 . pooled superannuation trust has the meaning given by subsection 995 ‑ 1(1) of the Income Tax Assessment Act 1997 . post FIF abolition credit means a post FIF abolition credit arising under: (a) subsection 23AK(6); and (b) subsection 717 ‑ 220(2) of the Income Tax Assessment Act 1997 ; and (c) subsection 717 ‑ 255(2) of that Act. post FIF abolition debit means a post FIF abolition debit arising under: (a) subsection 23AK(2); and (b) subsection 23B(1); and (c) subsection 717 ‑ 220(3) of the Income Tax Assessment Act 1997 ; and (d) subsection 717 ‑ 255(3) of that Act. post FIF abolition surplus has the meaning given by section 23AK. prescribed dual resident means a company that satisfies either of the following conditions: (a) the first condition is that: (i) the company is a resident of Australia within the meaning of subsection 6(1); and (ii) there is an agreement (within the meaning of the International Tax Agreements Act 1953 ) in force in respect of a foreign country; and (iii) the agreement contains a provision that is expressed to apply where, apart from the provision, the company would, for the purposes of the agreement, be both a resident of Australia and a resident of the foreign country; and (iv) that provision has the effect that the company is, for the purposes of the agreement, a resident solely of the foreign country; (b) the alternative condition is that the company: (i) is a resident of Australia within the meaning of subsection 6(1) for no other reason than that it carries on business in Australia and has its central management and control in Australia; and (ii) it is also a resident of another country; and (iii) its central management and control is in another country. primary production business has the meaning given by subsection 995 ‑ 1(1) of the Income Tax Assessment Act 1997 . principal beneficiary of a special disability trust has the same meaning as in the Income Tax Assessment Act 1997 . private company , in relation to a year of income, means a company that is a private company in relation to that year of income for the purposes of Division 7 of Part III. proclaimed superannuation standards day means 1 July 1990. provider , in relation to an RSA, has the same meaning as in the Retirement Savings Accounts Act 1997 . prudential standards has the same meaning as in the Income Tax Assessment Act 1997 . rebatable benefit has the meaning given by subsection 160AAA(1). rebate income of an individual for a year of income is the sum of: (a) the individual’s taxable income for the year of income, disregarding the individual’s assessable FHSS released amount (within the meaning of the Income Tax Assessment Act 1997 ) for the year of income; and (b) the individual’s reportable superannuation contributions for the year of income; and (c) the individual’s total net investment loss for the year of income; and (d) the individual’s adjusted fringe benefits total for the year of income. recognised large credit union has the meaning given by section 6H. recognised medium credit union has the meaning given by section 6H. recognised small credit union has the meaning given by section 6H. reduced cost base of a CGT asset has the same meaning as in the Income Tax Assessment Act 1997 . relative has the meaning given by subsection 995 ‑ 1(1) of the Income Tax Assessment Act 1997 . reportable superannuation contributions has the same meaning as in the Income Tax Assessment Act 1997 . resident or resident of Australia means: (a) a person, other than a company, who resides in Australia and includes a person: (i) whose domicile is in Australia, unless the Commissioner is satisfied that the person’s permanent place of abode is outside Australia; (ii) who has actually been in Australia, continuously or intermittently, during more than one ‑ half of the year of income, unless the Commissioner is satisfied that the person’s usual place of abode is outside Australia and that the person does not intend to take up residence in Australia; or (iii) who is: (A) a member of the superannuation scheme established by deed under the Superannuation Act 1990 ; or (B) an eligible employee for the purposes of the Superannuation Act 1976 ; or (C) the spouse, or a child under 16, of a person covered by sub ‑ subparagraph (A) or (B); and (b) a company which is incorporated in Australia, or which, not being incorporated in Australia, carries on business in Australia, and has either its central management and control in Australia, or its voting power controlled by shareholders who are residents of Australia. resident trust for CGT purposes has the same meaning as in the Income Tax Assessment Act 1997 . return on a debt interest or equity interest has the same meaning as in the Income Tax Assessment Act 1997 . return of income means a return of income, or of profits or gains of a capital nature, or of both income and such profits or gains. royalty or royalties includes any amount paid or credited, however described or computed, and whether the payment or credit is periodical or not, to the extent to which it is paid or credited, as the case may be, as consideration for: (a) the use of, or the right to use, any copyright, patent, design or model, plan, secret formula or process, trade mark, or other like property or right; (b) the use of, or the right to use, any industrial, commercial or scientific equipment; (c) the supply of scientific, technical, industrial or commercial knowledge or information; (d) the supply of any assistance that is ancillary and subsidiary to, and is furnished as a means of enabling the application or enjoyment of, any such property or right as is mentioned in paragraph (a), any such equipment as is mentioned in paragraph (b) or any such knowledge or information as is mentioned in paragraph (c); (da) the reception of, or the right to receive, visual images or sounds, or both, transmitted to the public by: (i) satellite; or (ii) cable, optic fibre or similar technology; (db) the use in connection with television broadcasting or radio broadcasting, or the right to use in connection with television broadcasting or radio broadcasting, visual images or sounds, or both, transmitted by: (i) satellite; or (ii) cable, optic fibre or similar technology; (dc) the use of, or the right to use, some or all of the part of the spectrum (within the meaning of the Radiocommunications Act 1992 ) specified in a spectrum licence issued under that Act; (e) the use of, or the right to use: (i) motion picture films; (ii) films or video tapes for use in connexion with television; or (iii) tapes for use in connexion with radio broadcasting; or (f) a total or partial forbearance in respect of: (i) the use of, or the granting of the right to use, any such property or right as is mentioned in paragraph (a) or any such equipment as is mentioned in paragraph (b); (ii) the supply of any such knowledge or information as is mentioned in paragraph (c) or of any such assistance as is mentioned in paragraph (d); (iia) the reception of, or the granting of the right to receive, any such visual images or sounds as are mentioned in paragraph (da); (iib) the use of, or the granting of the right to use, any such visual images or sounds as are mentioned in paragraph (db); (iic) the use of, or the granting of the right to use, some or all of such part of the spectrum specified in a spectrum licence as is mentioned in paragraph (dc); or (iii) the use of, or the granting of the right to use, any such property as is mentioned in paragraph (e). RSA has the same meaning as in the Income Tax Assessment Act 1997 . Note: That Act defines RSA as having the meaning given by the Retirement Savings Accounts Act 1997 . RSA provider has the same meaning as in the Income Tax Assessment Act 1997 . Note: That Act defines RSA provider as having the same meaning as in the Retirement Savings Accounts Act 1997 . Second Commissioner means a Second Commissioner of Taxation. share in a company has the meaning given by subsection 995 ‑ 1(1) of the Income Tax Assessment Act 1997 . share capital account has the same meaning as in the Income Tax Assessment Act 1997 . shareholder includes member or stockholder. shareholders’ funds has the same meaning as in the Life Insurance Act 1995 . shortfall interest charge means the charge worked out under Division 280 in Schedule 1 to the Taxation Administration Act 1953 . small business entity has the meaning given by subsection 995 ‑ 1(1) of the Income Tax Assessment Act 1997 . social security law has the meaning given by the Social Security Act 1991 . special disability trust has the same meaning as in the Income Tax Assessment Act 1997 . spouse has the meaning given by subsection 995 ‑ 1(1) of the Income Tax Assessment Act 1997 . statutory income has the meaning given by the Income Tax Assessment Act 1997 . Student Assistance Secretary has the meaning given by the Income Tax Assessment Act 1997 . subsidiary member of a consolidated group or a MEC group has the same meaning as in the Income Tax Assessment Act 1997 . superannuation benefits means individual personal benefits, pensions or retiring allowances. superannuation fund means: (a) a scheme for the payment of superannuation benefits upon retirement or death; or (b) a superannuation fund within the definition of superannuation fund in section 10 of the Superannuation Industry (Supervision) Act 1993 . superannuation fund for foreign residents has the meaning given by subsection 995 ‑ 1(1) of the Income Tax Assessment Act 1997 . superannuation lump sum has the same meaning as in the Income Tax Assessment Act 1997. tainted , in relation to a company’s share capital account, has the same meaning as in the Income Tax Assessment Act 1997 . tax means income tax imposed as such by any Act, as assessed under this Act, but does not include mining withholding tax or withholding tax. taxable Australian property has the same meaning as in the Income Tax Assessment Act 1997 . taxable income has the same meaning as in the Income Tax Assessment Act 1997 . taxable supply has the meaning given by section 195 ‑ 1 of the GST Act. tax cost is set has the same meaning as in the Income Tax Assessment Act 1997 . tax loss has the same meaning as in the Income Tax Assessment Act 1997 . tax offset refund has the meaning given by the Income Tax Assessment Act 1997 . taxpayer means a person deriving income or deriving profits or gains of a capital nature. this Act includes: (a) the Income Tax Assessment Act 1997 ; and (b) Part IVC of the Taxation Administration Act 1953 , so far as that Part relates to: (i) this Act or the Income Tax Assessment Act 1997 ; or (ii) Schedule 1 to the Taxation Administration Act 1953 ; and (c) Schedule 1 to the Taxation Administration Act 1953 . Note: Subsection (1AA) of this section prevents definitions in the Income Tax Assessment Act 1936 from affecting the interpretation of the Income Tax Assessment Act 1997 . total net investment loss has the same meaning as in the Income Tax Assessment Act 1997 . trading stock has the meaning given by section 70 ‑ 10 of the Income Tax Assessment Act 1997 . Tribunal means the Administrative Review Tribunal. trustee in addition to every person appointed or constituted trustee by act of parties, by order, or declaration of a court, or by operation of law, includes: (a) an executor or administrator, guardian, committee, receiver, or liquidator; and (b) every person having or taking upon himself the administration or control of income affected by any express or implied trust, or acting in any fiduciary capacity, or having the possession, control or management of the income of a person under any legal or other disability; unfranked part of a distribution has the same meaning as in the Income Tax Assessment Act 1997 . VCLP means a venture capital limited partnership within the meaning of subsection 118 ‑ 405(2) of the Income Tax Assessment Act 1997 . VCMP means a venture capital management partnership. venture capital deficit tax has the same meaning as in the Income Tax Assessment Act 1997 . venture capital management partnership has the meaning given by subsection 94D(3). Veterans’ Affairs Secretary means the Secretary of the Department administered by the Minister administering the Veterans’ Entitlements Act 1986 . withholding tax has the same meaning as in the Income Tax Assessment Act 1997 . work and income support related withholding payments and benefits means: (a) payments from which an amount: (i) must be withheld under a provision of Subdivision 12 ‑ B (other than section 12 ‑ 55), 12 ‑ C or 12 ‑ D or Division 13 in Schedule 1 to the Taxation Administration Act 1953 (even if the amount is not withheld); or (ii) would be required to be withheld under a provision mentioned in subparagraph (i) (other than section 12 ‑ 55) apart from subsection 12 ‑ 1(1A) in Schedule 1 to that Act; and (b) amounts included in a person’s assessable income under section 86 ‑ 15 of the Income Tax Assessment Act 1997 in respect of which an amount must be paid under Division 13 in Schedule 1 to the Taxation Administration Act 1953 (even if the amount is not paid); and (c) non ‑ cash benefits in relation to which the provider of the benefit must pay an amount to the Commissioner under Division 14 in Schedule 1 to the Taxation Administration Act 1953 (even if the amount is not paid). Note: The payments covered by paragraph (a) are: payments to employees and company directors, payments to office holders, return to work payments, payments under labour hire arrangements, payments of annuities, superannuation benefits, payments for termination of employment, payments for unused leave, benefit payments, compensation payments and payments specified by regulations. year of income means an income year as defined in subsection 995 ‑ 1(1) of the Income Tax Assessment Act 1997 . year of tax means the financial year for which income tax is levied. (1A) Unless the contrary intention appears, a reference in this Act to a failure to do an act or thing includes a reference to a refusal to do the act or thing. (2AA) A reference in this Act to an accounting period adopted in lieu of a year of income includes a reference to an accounting period: (a) that commences or ends under section 18A; and (b) that would, but for that section, form part of an accounting period so adopted. (2AB) The Commissioner may, by legislative instrument, make a determination modifying the operation of one or more provisions of this Act in relation to limited partnerships whose accounting periods commence or end under section 18A of the Income Tax Assessment Act 1936 . (2AC) A determination can only be made under subsection (2AB) in order to take account of the fact that such accounting periods are of less than 12 months’ duration. (3) The express references in this Act to companies do not imply that references to persons do not include references to companies. (4) Paragraph (d) of the definition of dividend in subsection (1) does not apply if, under an arrangement: (a) a person pays or credits any money or gives property to the company and the company credits its share capital account with the amount of the money or the value of the property; and (b) the company pays or credits any money, or distributes property to another person, and debits its share capital account with the amount of the money or the value of the property so paid, credited or distributed. (6) Where a place is, by virtue of paragraph (d) of the definition of permanent establishment in subsection (1), a permanent establishment of a person, the person shall, for the purposes of this Act, be deemed to be carrying on at or through that permanent establishment the business of selling the goods manufactured, assembled, processed, packed or distributed by the other person at the place that is that permanent establishment.

Amendment history: Amended by No 88 of 1936, effective 7 Dec 1936 | Amended by No 30 of 1939, effective 24 Oct 1939 | Amended by No 50 of 1942, effective s 26: 28 July 1942 (s 26(2)) Remainder: 6 Oct 1942 (s 2) | Amended by No 3 of 1944, effective s 7–9: 1 July 1943 (s 2(2)) s 16–20 and 22–25: 1 July 1944 (s 2(3)) Remainder: 3 Apr 1944 (s 2(1)) | Amended by No 6 of 1946, effective 13 Apr 1946 (s 2) | Amended by No 44 of 1948, effective 22 Dec 1948 | Amended by No 48 of 1950, effective s 3–34 and 36: 14 Dec 1950 (s 2) | Amended by No 1 of 1953, Sch 1 item 8A | Sch 1 item 8B | Sch 1 item 8C | Sch 1 item 8D | Sch 1 item 8H | Sch 1 item 8J | Sch 1 item 8K | Sch 1 item 8L | Sch 1 item 8Q | Sch 1 item 8W | Sch 1 item 8Z | Sch 1 item 14Z | Sch 1 item 12 | Sch 1 item 14 | Sch 1 item 16 | Sch 1 item 18 | Sch 1 item 255 | Sch 1 item 265 | Sch 1 item 340 | Sch 1 item 353 | Sch 1 item 355 | Sch 1 item 382 | Sch 1 item 398 | Sch 1 item 426 | Sch 1 item 20, effective First Sch: 1 Apr 1953 | Amended by No 65 of 1957, effective s 3–23: 28 Nov 1957 (s 2) | Amended by No 55 of 1958, effective 1 Oct 1958 (s 2) | Amended by No 85 of 1959, effective s 3–36: 2 Dec 1959 (s 2(1)) | Amended by No 18 of 1960, effective 17 June 1960 | Amended by No 108 of 1960, effective s 3–6: 16 Dec 1960 (s 2) | Amended by No 17 of 1961, effective 12 June 1961 | Amended by No 69 of 1963, effective s 3, 4, 6(b), (c) and 7–56: 31 Oct 1963 (s 2(1)) s 5: 9 May 1963 (s 2(2)) s 6(a): 12 Dec 1957 (s 2(3)) | Amended by No 110 of 1964, effective s 3–46: 23 Nov 1964 (s 2(1)) | Amended by No 103 of 1965, item 4 | item 5, effective 14 Dec 1965 (s 2) | Amended by No 85 of 1967, item 2 | item 4 | item 5 | item 35, effective s 2(2), (3) and 3–37: 8 Nov 1967 (s 2(1)) | Amended by No 4 of 1968, item 3 | item 4, effective 8 May 1968 (s 2(1)) | Amended by No 60 of 1968, item 4, effective s 2(2), (3) and 3–23: 25 June 1968 (s 2(1)) | Amended by No 87 of 1968, item 3 | item 4, effective s 3–11: 21 Nov 1968 (s 2) | Amended by No 93 of 1969, item 3, effective s 3–19: 27 Sept 1969 (s 2) | Amended by No 54 of 1971, item 4 | item 11, effective s 3–12: 25 May 1971 (s 2) | Amended by No 51 of 1973, item 3, effective s 25(1): 25 June 1968 (s 25(2)) Remainder: 14 June 1973 (s 2) | Amended by No 164 of 1973, item 4, effective s 3–17, 19–22 and Sch: 11 Dec 1973 (s 2) | Amended by No 216 of 1973, item 8 | Sch 1 item 11 | Sch 2 item 11, effective Sch 1: 31 Dec 1973 (s 2) | Amended by No 20 of 1974, Sch 1 item 1 | Sch 1 item 10 | Sch 1 item 23, effective Sch 1: 31 Dec 1973 (s 2) | Amended by No 126 of 1974, item 3, effective s 3–46: 6 Dec 1974 (s 2) | Amended by No 80 of 1975, item 3 | item 4 | Sch 2 item 54, effective 20 June 1975 (s 2) | Amended by No 117 of 1975, item 3, effective s 3–11(1)(b) and (d)–34: 11 Nov 1975 (s 2(1)) s 11(1)(c): 9 Feb 1976 (s 2(2)) s 30: never commenced (s 2(3)) | Amended by No 50 of 1976, item 3 | item 22, effective s 3–19 and Sch: 4 June 1976 (s 2) | Amended by No 143 of 1976, item 4 | item 5 | item 6 | item 7 | item 9, effective s 4–6, 8 and 9: 6 Dec 1976 (s 2) | Amended by No 205 of 1976, item 3, effective s 3–36: 20 Dec 1976 (s 2(1)) | Amended by No 87 of 1978, item 3 | item 17 | item 74 | item 77, effective s 17–71: 22 June 1978 (s 2) | Amended by No 172 of 1978, item 3, effective 28 Nov 1978 (s 2) | Amended by No 27 of 1979, item 2 | item 3, effective s 5: 5 Dec 1978 (s 2(2)) s 6: 23 June 1977 (s 2(3)) Remainder: 4 June 1979 (s 2(1)) | Amended by No 24 of 1980, item 3, effective 1 May 1980 (s 2) | Amended by No 108 of 1981, item 4 | item 27 | item 124, effective s 4–25: 24 June 1981 (s 2) | Amended by No 154 of 1981, item 4 | item 10, effective s 4–31 and 39–41: 26 Oct 1981 (s 2) | Amended by No 103 of 1983, item 3 | item 14, effective s 3: 22 Dec 1983 (s 2(2)) Remainder: 23 Nov 1983 (s 2(1)) | Amended by No 47 of 1984, item 3 | item 60, effective 25 June 1984 (s 2) | Amended by No 123 of 1984, item 5 | Sch 16 item 4 | Sch 16 item 5 | Sch 16 item 27 | Sch 16 item 92 | Sch 16 item 153 | Sch 16 item 297, effective s 91–166 and 385: 14 Dec 1984 (s 2(3)) | Amended by No 168 of 1985, item 11 | item 13 | item 15 | item 17 | item 19, effective s 19–43: 16 Dec 1985 (s 2(1)) | Amended by No 41 of 1986, item 4, effective s 4 and Sch: 24 June 1986 (s 2(1)) | Amended by No 48 of 1986, item 70, effective s 70–98, 213, 216, 219, 221, 226 and 228: 1 July 1986 (s 2(1)) | Amended by No 52 of 1986, item 3 | item 4 | item 19, effective 24 June 1986 (s 2) | Amended by No 154 of 1986, item 13 | item 24 | item 27 | item 44, effective s 23–25, 26(a), 27, 29–39, 41–48, 49(1), (2), (4)–(6), (8)–(11) and 50: 18 Dec 1986 (s 2(1)) s 26(b), (c), 28, 40, 49(3) and (7): 1 Jan 1987 (s 2(4) and gaz 1986, No S650) | Amended by No 138 of 1987, Sch 2 item 2 | Sch 2 item 4 | Sch 2 item 38 | Sch 2 item 67, effective s 4, 5 and 7–52: 18 Dec 1987 (s 2(1)) s 6: 21 Dec 1987 (s 2(2)) | Amended by No 73 of 1989, item 4, effective Sch: 21 June 1989 (s 2) | Amended by No 97 of 1989, Sch 2 item 11 | Sch 1 item 17 | Sch 2 item 1988, effective s 4–9, 11–15 and Sch 1: 30 June 1989 (s 2) | Amended by No 105 of 1989, item 4, effective s 4, 5(a)–(n), (p) and 6–66: 30 June 1989 (s 2(1)) s 5(o): 18 Dec 1987 (s 2(2)) | Amended by No 107 of 1989, Sch 1 item 35, effective s 9–23, 32 and Sch 1: 30 June 1989 (s 2(1)) | Amended by No 20 of 1990, item 6, effective s 6–8, 9 (amdt to s 78(1)(a)(xcv) Income Tax Assessment Act 1936) and 10–50: 17 Jan 1990 (s 2(1)) s 9 (amdt to s 78(1)(a)(xcvi) Income Tax Assessment Act 1936): 10 Nov 1989 (s 2(2)) | Amended by No 35 of 1990, item 4, effective s 4–41: 7 June 1990 (s 2) | Amended by No 135 of 1990, item 38 | item 39, effective s 7–33, 38(1), (2), 39(1) and Sch (Pt 1): 28 Dec 1990 (s 2(1)) s 38(3), 39(2) and Sch (Part 3): 1 July 1993 (s 2(3)) s. 38(4), 39(3) and Sch (Part 4): 8 Jan 1991 (s 2(4)) | Amended by No 4 of 1991, item 4 | Sch 2 item 32 | Sch 2 item 23, effective s 4–37: 8 Jan 1991 (s 2(1)) | Amended by No 5 of 1991, item 380 | item 4 | item 100 | item 1990 | item 29 | item 37 | item 47 | item 341 | item 334 | item 371 | item 80G | item 434 | item 79D, effective s 4–61: 8 Jan 1991 (s 2) | Amended by No 100 of 1991, Sch 2 item 15, effective s 15–28, 30–32, 33(b), (e), (f), 34–76 and 79–84): 27 June 1991 (s 2(1)) s 29 and 77: 24 Apr 1991 (s 2(3), (6)) s 33(a): 16 June 1990 (s 2(4)) s 33(c) and (d): 30 June 1989 (s 2(5)) s 78: 8 Jan 1991 (s 2(7)) | Amended by No 216 of 1991, Sch 4 item 23A, effective s 10, 12–39, 41, 43, 44, 67–81, 83–86, 89(1), (3)–(19), 91, 92, 102, 103 and Sch 1–4: 24 Dec 1991 (s 2(1)) s 11 and 89(2): 22 Jan 1991 (s 2(2)) s 40 and 42: 6 Jan 1992 (s 2(3)) s 45, 46, 48–51, 54–58, 60–66, 90(1), (3)–(14), 93–96 and 98–101: 21 Aug 1991 (s 2(4)) s 47, 52, 53, 59, 90(2) and 97: 3 pm (A.C.T) 20 Aug 1991 (s 2(5)) s 82(2): 25 Dec 1991 (s 2(6)) | Amended by No 80 of 1992, item 4 | item 65, effective s 52(2) and 53(2): 1 July 1992 (s 2(3)) Remainder: 30 June 1992 (s 2(1)) | Amended by No 98 of 1992, item 4 | item 8 | item 9 | item 1929, effective s 4–31 and 37–81: 30 June 1992 (s 2(1)) s 32–36: 1 July 1992 (s 2(2)) | Amended by No 224 of 1992, item 59 | item 82, effective s 4–13, 14(1), 15(1), 16(1), 17(1) and 18–87: 24 Dec 1992 (s 2(1)) s 14(2), 15(2), 16(2) and 17(2): 1 July 1993 (s 2(1)) | Amended by No 17 of 1993, item 18, effective s 8–59: 9 June 1993 (s 2(1)) | Amended by No 18 of 1993, item 9, effective s 8–29, 54–57, 59 and Sch: 9 June 1993 (s 2(1)) s 30–53: 1 Jan 1993 (s 2(2)) | Amended by No 57 of 1993, item 29, effective s 13–34: 27 Oct 1993 (s 2) | Amended by No 82 of 1993, item 11 | item 15 | item 34 | item 53 | item 55 | item 62, effective s 15, 16(1) and 17–35: 1 July 1994 (s 2(2)(d)) s 16(2): 1 Dec 1993 (s 2(1)) | Amended by No 138 of 1994, item 22 | item 23 | item 68 | item 118, effective s 4, 5, 8–10, 14–16, 21–24, 27–33, 44–92, 99–116 and Sch: 28 Nov 1994 (s 2(1)) s 11–13, 17–20, 25, 26 and 34–43: 1 Jan 1993 (s 2(2)) s 93–98: 28 Nov 1994 (s 2(3)) | Amended by No 181 of 1994, Sch 3 item 2 | Sch 3 item 7 | Sch 3 item 8 | Sch 3 item 9 | Sch 3 item 10 | Sch 3 item 64 | Sch 5 item 45, effective Sch 1 (items 1–21, 86–91), Sch 2 (items 5–23, 23 (2nd occurring)), Sch 3 (items 6–100), Sch 4 (items 9–23) and Sch 5 (items 25–30, 46(10)): 19 Dec 1994 (s 2(1)) Sch 1 (items 22–85): 13 Oct 1994 (s 2(2)) | Amended by No 5 of 1995, item 14 | item 58, effective s 3(2), (3) and Sch (items 14–35): 1 July 1995 (s 2) | Amended by No 169 of 1995, Sch 1 item 2 | Sch 8 item 1, effective Sch 1 (items 1–14, 16), Sch 2 (items 1–8, 11–15), Sch 3 (items 1–36, 40–44) and Sch 8 (items 1–5): 16 Dec 1995 (s 2(1)) Sch 3 (items 37–39): 1 July 1994 (s 2(2)) Sch 10 (item 2): 13 Oct 1994 (s 2(5)) | Amended by No 39 of 1997, Sch 4 item 1 | Sch 4 item 2 | Sch 4 item 3 | Sch 4 item 111 | Sch 4 item 113 | Sch 4 item 118 | Sch 4 item 127 | Sch 4 item 129 | Sch 4 item 132 | Sch 4 item 257 | Sch 4 item 123 | Sch 4 item 6 | Sch 4 item 8 | Sch 4 item 10 | Sch 4 item 11 | Sch 4 item 13, effective Sch 1: 1 July 1997 (s 2) | Amended by No 62 of 1997, Sch 19 item 5 | Sch 19 item 4 | Sch 19 item 1 | Sch 19 item 2 | Sch 19 item 3, effective Sch 13: 2 June 1997 (s 2) | Amended by No 95 of 1997, Sch 3 item 1 | Sch 3 item 17 | Sch 5 item 10 | Sch 5 item 128F, effective Sch 1 (item 23): 30 June 1997 (s 2(1)) | Amended by No 121 of 1997, Sch 1 item 15 | Sch 1 item 25 | Sch 1 item 50 | Sch 1 item 51 | Sch 1 item 70 | Sch 2 item 17 | Sch 2 item 26 | Sch 5 item 70 | Sch 5 item 43 | Sch 9 item 16, effective s 4: 8 July 1997 (s 2(1)) Sch 2 (items 18–37), Sch 3 (items 31–61), Sch 4 (items 63–138), Sch 5 (items 43–93), Sch 6 (items 68–132), Sch 7 (items 5–7), Sch 8 (items 32–51), Sch 9 (items 16–40), Sch 10 (items 12–15), Sch 11 (items 37–57) and Sch 12 (items 15–23): 1 July 1997 (s 2(3), (5)) | Amended by No 122 of 1997, Sch 1 item 2 | Sch 1 item 3 | Sch 1 item 5 | Sch 1 item 6 | Sch 1 item 9 | Sch 1 item 10 | Sch 1 item 11 | Sch 1 item 15, effective s 4, Sch 1 (items 1–15, 20), Sch 3 (items 1, 2, 6–21) and Sch 5: 8 July 1997 (s 2(1)) Sch 1 (items 17–19): 3 June 1990 (s 2(2)) Sch 1 (items 22, 23): 1 Sept 1994 (s 2(4)) Sch 1 (item 24): 1 Jan 1993 (s 2(3)) Sch 3 (items 3, 4): 24 June 1986 (s 2(6)) Sch 3 (item 5): 30 June 1992 (s 2(7)) Sch 4: 20 Jan 1997 (s 2(8)) Sch 6: 27 June 1996 (s 2(9)) Sch 8: 19 Dec 1996 (s 2(11)) | Amended by No 147 of 1997, Sch 6 item 1 | Sch 6 item 2 | Sch 6 item 3 | Sch 6 item 4 | Sch 6 item 5 | Sch 6 item 8 | Sch 6 item 9 | Sch 6 item 13 | Sch 14 item 42, effective s 4, Sch 1 (items 1–43, 45), Sch 2 (item 1), Sch 3–5, Sch 6 (items 1–3, 5–9), Sch 8, Sch 10, Sch 13, Sch 14 (items 1–39, 41, 42), Sch 15 (items 1–6) and Sch 17: 14 Oct 1997 (s 2(1), (4)) Sch 6 (item 4) and Sch 14 (item 40): 1 July 1997 (s 2(2), (6A)) Sch 11 (items 1–12): 19 Dec 1996 (s 2(5)) | Amended by No 174 of 1997, Sch 7 item 1 | Sch 7 item 2, effective s 4, Sch 1–5, Sch 6 (items 17–23(2), (3)), Sch 7 (items 1–16, 32(1)) and Sch 9 (items 24–30(2), (3)): 21 Nov 1997 (s 2(1)–(3)) | Amended by No 45 of 1998, Sch 1 item 1067L | Sch 9 item 110 | Sch 12 item 1, effective Sch 12 (items 1–24): 1 July 1998 (s 2(1)) | Amended by No 46 of 1998, Sch 10 item 118 | Sch 10 item 49 | Sch 10 item 50 | Sch 10 item 51 | Sch 10 item 52 | Sch 10 item 53 | Sch 10 item 54 | Sch 10 item 55 | Sch 10 item 56 | Sch 10 item 57 | Sch 10 item 58 | Sch 10 item 59 | Sch 10 item 60 | Sch 10 item 61 | Sch 10 item 62 | Sch 10 item 160 | Sch 10 item 191 | Sch 10 item 231 | Sch 10 item 258 | Sch 10 item 304 | Sch 10 item 108 | Sch 10 item 134, effective s 4, Sch 2 (items 49–522), Sch 3 (items 13–20), Sch 4 (items 12–27), Sch 5 (items 6–10), Sch 6 (items 8–30), Sch 7 (items 12–19), Sch 8 (items 2–9) and Sch 9 (items 7, 8): 22 June 1998 (s 2(1)–(4)) | Amended by No 48 of 1998, Sch 3 item 60 | Sch 3 item 61 | Sch 3 item 83 | Sch 3 item 122 | Sch 3 item 133 | Sch 3 item 192, effective Sch 1 (items 83–97): 1 July 1998 (s 2(2)) | Amended by No 63 of 1998, Sch 7 item 1 | Sch 7 item 2 | Sch 7 item 3 | Sch 7 item 4 | Sch 7 item 5 | Sch 7 item 6 | Sch 7 item 7, effective Sch 1–4 and Sch 5 (items 1–22, 25–53, 58–67): 1 July 1998 (s 2(1) and gaz 1998, No S325) Sch 5 (items 23, 24, 54–57): 1 July 1998 (s 2(2)) | Amended by No 85 of 1998, Sch 2G item 393 | Sch 2G item 3, effective Sch 1: 2 Jan 1999 (s 2(2)) | Amended by No 11 of 1999, item 12 | item 13 | item 14 | item 15 | item 309 | item 310 | item 327 | item 328 | item 344 | item 354 | item 376 | item 377, effective Sch 1 (items 12–276, 398–404): 1 July 1999 (s 2(3), (4)) Sch 2: 9 Apr 1999 (s 2(2)) Sch 3 (items 1, 2): 31 Mar 1999 (s 2(1)) | Amended by No 17 of 1999, Sch 2 item 1 | Sch 2 item 2, effective Sch 2 (items 1–13, 15–40): 19 Apr 1999 (s 2(1)) Sch 2 (item 14): 17 May 1999 (s 2(2)) | Amended by No 44 of 1999, Sch 4 item 59 | Sch 4 item 126 | Sch 4 item 127, effective Sch 7 (items 59–104): 1 July 1999 (s 3(2)(e)) Sch 8 (items 18, 22, 23): 17 June 1999 (s 2(1)) | Amended by No 54 of 1999, Sch 1 item 2 | Sch 1 item 3 | Sch 1 item 4 | Sch 7 item 1, effective s 4, Sch 1 (items 2–13, 36), Sch 3, Sch 5 (items 11–15), Sch 6 and Sch 7 (items 1, 3): 5 July 1999 (s 2(1)) | Amended by No 117 of 1999, Sch 1 item 1 | Sch 1 item 6D, effective Sch 1 (items 1–4, 8): 1 July 1998 (s 2(1)) | Amended by No 176 of 1999, Sch 3 item 1 | Sch 8 item 16 | Sch 8 item 17 | Sch 8 item 18 | Sch 8 item 19 | Sch 8 item 20, effective Sch 8 (items 16–25): 1 July 2000 (s 2(17)) | Amended by No 179 of 1999, Sch 18 item 1 | Sch 18 item 22 | Sch 18 item 3 | Sch 18 item 20, effective Sch 2 (items 20–47), Sch 3 (items 3–6), Sch 5 (item 74), Sch 6 (items 1–13, 24(1)–(4)), Sch 10 (items 22–24), Sch 11 (item 44), Sch 16 (items 3–17, 37) and Sch 17 (items 1, 2): 22 Dec 1999 (s 2(1), (4), (7)(b)–(d)) Sch 5 (items 1–64), Sch 11 (items 14–43, 45–79) and Sch 12 (item 3): 1 July 2000 (s 2(9), (12)) | Amended by No 25 of 2000, Sch 2 item 34, effective s 4–6 and Sch 2 (items 34, 35): 1:23am (Australian Central Standard Time) 26 Oct 1999 (s 2(2), 4) | Amended by No 89 of 2000, Sch 2 item 1 | Sch 2 item 2 | Sch 2 item 3 | Sch 3 item 30 | Sch 3 item 31 | Sch 3 item 32 | Sch 3 item 33, effective s 4, Sch 1 (item 66), Sch 2 (items 1–24, 35, 36, 48, 53–62), Sch 3 (items 1–29, 98–100), Sch 5 (items 32–34(1)) and Sch 8 (items 1–8, 11): 30 June 2000 (s 2(1)) Sch 1 (item 67): 1 pm (A.C.T.) 11 Nov 1999 (s 2(2)) Sch 2 (items 25, 26) and Sch 3 (items 30–97): 1 July 2000 (s 2(3), (8), (9)) | Amended by No 91 of 2000, Sch 2 item 13, effective Sch 2 (items 13–48, 130–142, 144(1), 145–147): 1 July 2000 (s 3(1)) | Amended by No 92 of 2000, Sch 7 item 26 | Sch 7 item 27 | Sch 10A item 6A, effective Sch 7 (items 26, 27): 1 July 2000 (s 2(1)) | Amended by No 77 of 2001, Sch 2 item 17 | Sch 2 item 20 | Sch 2 item 99 | Sch 2 item 15, effective Sch 2 (items 20–148, 488(1)): 30 June 2001 (s 2(1)) | Amended by No 163 of 2001, Sch 1 item 35 | Sch 1 item 36 | Sch 1 item 37 | Sch 1 item 38 | Sch 1 item 39 | Sch 1 item 40 | Sch 1 item 41 | Sch 1 item 42 | Sch 1 item 43 | Sch 1 item 44 | Sch 1 item 45 | Sch 1 item 46 | Sch 1 item 46A | Sch 1 item 90, effective Sch 1 (items 35–116, 118(1), (2), (6)–(13)): 1 July 2001 (s 2) | Amended by No 15 of 2002, Sch 1 item 1, effective Sch 1 (items 1–4, 21): 4 Apr 2002 (s 2(1) item 2) | Amended by No 90 of 2002, Sch 16 item 2 | Sch 16 item 3 | Sch 16 item 3A | Sch 16 item 4 | Sch 16 item 5 | Sch 16 item 6 | Sch 16 item 7 | Sch 16 item 8 | Sch 16 item 9 | Sch 16 item 46, effective s 4, Sch 10, Sch 15 (items 16–18) and Sch 16 (items 2–20, 54, 55): 24 Oct 2002 (s 2(1) items 1, 2, 4, 5) | Amended by No 97 of 2002, Sch 2 item 1 | Sch 2 item 2 | Sch 2 item 3 | Sch 2 item 4 | Sch 2 item 5 | Sch 2 item 6 | Sch 2 item 7, effective s 4 and Sch 2 (items 1–9): 10 Nov 2002 (s 2(1) items 1, 2) Sch 3: 3 July 2002 (s 2(1) item 3) | Amended by No 117 of 2002, Sch 11 item 1 | Sch 11 item 2 | Sch 11 item 3 | Sch 11 item 4 | Sch 11 item 5 | Sch 11 item 6, effective s 4 and Sch 16: 2 Dec 2002 (s 2(1) items 1, 10) Sch 11 (items 1–7), Sch 14 (items 3–7): 24 Oct 2002 (s 2(1) item 9) | Amended by No 136 of 2002, Sch 2 item 1 | Sch 2 item 2 | Sch 2 item 3 | Sch 2 item 4 | Sch 2 item 5 | Sch 2 item 6 | Sch 2 item 7 | Sch 2 item 8 | Sch 2 item 9 | Sch 2 item 10 | Sch 2 item 26 | Sch 3 item 118 | Sch 4 item 6, effective Sch 2 (items 1–17, 28): 19 Dec 2002 (s 2(1) item 6) | Amended by No 10 of 2003, Sch 1 item 34 | Sch 1 item 35, effective s 4: 2 Apr 2003 (s 2(1) item 1) Sch 1 (items 34–52, 81): 20 May 2002 (s 2(1) item 2) | Amended by No 16 of 2003, Sch 29 item 1 | Sch 29 item 2 | Sch 29 item 3 | Sch 29 item 4, effective s 4: 11 Apr 2003 (s 2(1) item 1) Sch 5 (item 1), Sch 9 (items 3–12), Sch 10 (item 1) and Sch 23 (items 1–9): 24 Oct 2002(s 2(1) items 4–6, 13) Sch 29 (items 1–11, 14): 29 June 2002 (s 2(1) items 20, 22) | Amended by No 66 of 2003, Sch 3 item 1 | Sch 3 item 27 | Sch 3 item 49 | Sch 3 item 50 | Sch 3 item 51 | Sch 3 item 52 | Sch 3 item 53 | Sch 3 item 54 | Sch 3 item 55 | Sch 3 item 56 | Sch 3 item 131, effective s 4, Sch 1 and Sch 3 (items 1–46, 47, 48, 140(1), (5), (7)): 30 June 2003 (s 2(1) items 1, 2, 4–6, 14) Sch 3 (item 46A): 29 June 2002 (s 2(1) item 5A) | Amended by No 52 of 2004, effective Sch 4 (items 1–9, 14(1), 15): 1 July 2004 (s 2(1) item 7) | Amended by No 83 of 2004, effective s 4, Sch 1 (items 108–115, 126(7)), Sch 2 (items 1, 3, 4, 35, 37), Sch 3 (items 1–3, 6, 7), Sch 9, Sch 10 (item 43(1)) and Sch 11: 25 June 2004 (s 2(1) items 1, 12, 13, 16, 17, 21, 27, 28) Sch 1 (item 1): 30 June 2000 (s 2(1) item 2) Sch 10 (items 1, 2): 1 July 2000 (s 2(1) item 22) | Amended by No 95 of 2004, effective s 4, Sch 1, 8 and 9: 29 June 2004 (s 2(1) items 1, 2, 7) Sch 7 (items 11–13): 1 July 2004 (s 2(1) item 6) | Amended by No 101 of 2004, item 3 | item 19C | item 19D | item 20B | item 22B | item 105 | item 106D | item 106E | item 124B | item 124L | item 124M | item 127 | item 128 | item 128A | item 129 | item 130 | item 16 | item 9 | item 8 | item 22 | item 25 | item 5 | item 27 | item 19 | item 4, effective s 4, Sch 1 (items 1, 4), Sch 8, Sch 10 (items 1–6) and Sch 11 (items 161, 162): 30 June 2004 (s 2(1) items 1, 2, 9, 10, 18) Sch 11 (items 1, 2): 16 July 1999 (s 2(1) item 11) Sch 11 (items 17–34, 38–43): 30 June 2000 (s 2(1) item 13) Sch 11 (items 44–46, 49–51, 60–87, 101–127): 1 July 2000 (s 2(1) item 14) Sch 11 (items 131–140): 1 July 2001 (s 2(1) item 16) | Amended by No 23 of 2005, Sch 3 item 14 | Sch 3 item 15 | Sch 3 item 16 | Sch 3 item 17 | Sch 3 item 18 | Sch 3 item 19 | Sch 3 item 20 | Sch 3 item 21 | Sch 3 item 22 | Sch 3 item 23 | Sch 3 item 24, effective s 4 and Sch 3 (items 14–74, 111(3)–(5), 112–114): 21 Mar 2005 (s 2(1) items 1, 6) | Amended by No 41 of 2005, Sch 2 item 1 | Sch 10 item 19 | Sch 10 item 37 | Sch 10 item 38, effective s 4, Sch 3 (items 1–16, 22), Sch 6 (items 1, 6–11), Sch 8, Sch 9 (items 3–13), Sch 10 (items 19–35, 270) and Sch 11 (items 1–3, 5): 1 Apr 2005 (s 2(1) items 1, 2, 4, 5, 23, 24) Sch 9 (items 1, 2): 29 June 2004 (s 2(1) item 3) | Amended by No 75 of 2005, Sch 1 item 2, effective Sch 1 (items 2–17, 31): 29 June 2005 (s 2) | Amended by No 161 of 2005, Sch 1 item 1 | Sch 2G item 16 | Sch 2G item 21, effective Sch 1 (items 1–25, 38–45, 62–73) and Sch 2 (items 4, 5, 28–32): 19 Dec 2005 (s 2) | Amended by No 58 of 2006, Sch 7 item 35 | Sch 7 item 36 | Sch 7 item 56 | Sch 7 item 3C | Sch 7 item 241 | Sch 7 item 242, effective s 4 and Sch 7 (items 35–50, 241–256): 22 June 2006 (s 2(1) items 1, 6, 24) Sch 7 (items 173, 175): 30 June 2000 (s 2(1) items 9, 11) Sch 7 (item 174): 24 Oct 2002 (s 2(1) item 10) Sch 7 (items 176, 178): 30 June 2004 (s 2(1) items 12, 14) Sch 7 (item 177): 24 Dec 1992 (s 2(1) item 13) | Amended by No 80 of 2006, Sch 4 item 197 | Sch 4 item 3 | Sch 4 item 4 | Sch 4 item 975 | Sch 4 item 21 | Sch 7 item 1 | Sch 7 item 2 | Sch 7 item 78 | Sch 7 item 78A, effective Sch 1 (items 1, 4), Sch 2, Sch 3 (items 1, 5), Sch 4 (items 3, 4, 14, 21, 22, 30), Sch 6 (item 2) and Sch 9: 30 June 2006 (s 2(1) items 2–4, 6, 7) Sch 4 (items 15–19): 30 June 2002 (s 2(1) item 5) | Amended by No 101 of 2006, Sch 1 item 6 | Sch 1 item 7 | Sch 1 item 8 | Sch 1 item 9 | Sch 1 item 10 | Sch 1 item 11 | Sch 1 item 12 | Sch 1 item 13 | Sch 1 item 14 | Sch 1 item 15 | Sch 1 item 16 | Sch 1 item 17 | Sch 1 item 18 | Sch 1 item 19 | Sch 1 item 20 | Sch 1 item 21 | Sch 1 item 22 | Sch 1 item 23 | Sch 1 item 24 | Sch 1 item 25 | Sch 1 item 26 | Sch 1 item 27 | Sch 1 item 28 | Sch 1 item 29 | Sch 1 item 30 | Sch 1 item 31 | Sch 1 item 32 | Sch 2 item 118 | Sch 2 item 119 | Sch 2 item 120 | Sch 2 item 121 | Sch 2 item 122 | Sch 2 item 123 | Sch 2 item 124 | Sch 2 item 125 | Sch 2 item 126 | Sch 2 item 127 | Sch 2 item 128 | Sch 2 item 129 | Sch 2 item 130 | Sch 2 item 131 | Sch 2 item 132 | Sch 2 item 133 | Sch 2 item 134 | Sch 2 item 135 | Sch 2 item 136 | Sch 2 item 137 | Sch 2 item 138 | Sch 2 item 139 | Sch 2 item 140 | Sch 2 item 15 | Sch 2 item 25 | Sch 2 item 26 | Sch 2 item 768 | Sch 2 item 842 | Sch 2 item 929 | Sch 2 item 1023 | Sch 2 item 1055 | Sch 3 item 2 | Sch 5 item 67, effective Sch 1 (items 1, 5–199), Sch 2 (items 118–565, 1017, 1023–1037) and Sch 6 (items 1–4, 6–15): 14 Sept 2006 (s 2(1) items 2, 4) Sch 3 (items 1–10) and Sch 4 (items 1–11): 1 Jan 2008 (s 2(1) item 3) | Amended by No 168 of 2006, Sch 4 item 14 | Sch 4 item 15, effective s 4 and Sch 4 (items 14–28, 112): 12 Dec 2006 (s 2(1) items 1, 5) Sch 3 (items 3–5): 13 Dec 2005 (s 2(1) item 4) | Amended by No 9 of 2007, Sch 1 item 295 | Sch 1 item 3 | Sch 1 item 28 | Sch 1 item 31 | Sch 2 item 82 | Sch 4 item 6 | Sch 4 item 7 | Sch 6 item 1 | Sch 6 item 2 | Sch 6 item 8 | Sch 10 item 89, effective Sch 1 (items 3, 4, 24(1), 26, 27, 37): 15 Mar 2007 (s 2(1) item 2) | Amended by No 15 of 2007, Sch 1 item 18 | Sch 1 item 22 | Sch 1 item 23 | Sch 1 item 24 | Sch 1 item 25 | Sch 1 item 26 | Sch 1 item 27 | Sch 1 item 28 | Sch 1 item 29 | Sch 1 item 30 | Sch 1 item 31 | Sch 1 item 32 | Sch 1 item 33 | Sch 1 item 34 | Sch 1 item 35 | Sch 1 item 36 | Sch 1 item 148 | Sch 1 item 346 | Sch 3 item 6 | Sch 3 item 7 | Sch 3 item 104A, effective Sch 1 (items 1–8, 22–149, 406(1)–(3)) and Sch 3 (items 6, 7): 15 Mar 2007 (s 2(1) items 2, 6) | Amended by No 78 of 2007, Sch 8 item 86 | Sch 8 item 158 | Sch 8 item 159, effective s 4, Sch 3 (items 1–20), Sch 7 (items 1, 15) and Sch 8 (items 86–95): 21 June 2007 (s 2(1) items 1–3, 5, 6) | Amended by No 79 of 2007, Sch 6 item 3 | Sch 8 item 394 | Sch 10 item 3 | Sch 10 item 4 | Sch 10 item 5, effective Sch 1 (items 1–27, 33–38, 43(1), (4), (5)), Sch 6 (items 1, 2, 8), Sch 7 (items 1–16), Sch 9 (items 1–13, 30–33) and Sch 10 (items 3–9, 32): 21 June 2007 (s 2(1) items 2, 4, 6) Sch 8 (items 1, 4–11, 26(1), (2) and (4)): 1 July 2007 (s 2(1) item 5) | Amended by No 80 of 2007, Sch 3 item 97, effective Sch 3 (items 97–108) and Sch 8 (items 1, 9): 21 June 2007 (s 2) | Amended by No 143 of 2007, Sch 1 item 18 | Sch 1 item 19 | Sch 1 item 20 | Sch 1 item 142 | Sch 8 item 272, effective Sch 1 (items 2, 3, 18–127, 222, 223, 224(1), (2), 225, 226), Sch 4 (items 1–46, 51, 52), Sch 7 (items 9–17, 104(2)) and Sch 8: 24 Sept 2007 (s 2(1) items 2, 4, 11, 12) | Amended by No 32 of 2008, Sch 1 item 4, effective Sch 1 (items 4–11, 58): 23 June 2008 (s 2) | Amended by No 45 of 2008, Sch 1 item 2 | Sch 1 item 3 | Sch 3 item 4, effective Sch 1 (items 2–7), Sch 4 (items 1–7) and Sch 7 (items 1–5): 26 June 2008 (s 2) | Amended by No 92 of 2008, Sch 1 item 5 | Sch 2 item 4, effective Sch 1 (items 5–9, 26) and Sch 2 (item 38): 1 Oct 2008 (s 2(1) item 2) | Amended by No 97 of 2008, Sch 3 item 2 | Sch 3 item 5 | Sch 3 item 6 | Sch 3 item 7, effective Sch 1 (items 1, 2, 12) and Sch 3 (items 5–43): 3 Oct 2008 (s 2(1) items 2, 3) | Amended by No 144 of 2008, Sch 3 item 3 | Sch 3 item 4 | Sch 3 item 5 | Sch 3 item 6 | Sch 3 item 7 | Sch 3 item 8 | Sch 3 item 9 | Sch 5 item 1 | Sch 5 item 2 | Sch 5 item 3 | Sch 5 item 4 | Sch 5 item 5 | Sch 10 item 5 | Sch 10 item 6 | Sch 10 item 81 | Sch 11 item 23 | Sch 11 item 24 | Sch 11 item 25 | Sch 11 item 26 | Sch 11 item 27 | Sch 11 item 28 | Sch 11 item 31 | Sch 11 item 35 | Sch 13 item 1 | Sch 14 item 7 | Sch 14 item 55 | Sch 14 item 105 | Sch 14 item 106 | Sch 14 item 107 | Sch 14 item 108 | Sch 14 item 109 | Sch 14 item 110, effective Sch 14 (items 7–58): 10 Dec 2008 (s 2(1) item 36) | Amended by No 15 of 2009, Sch 1 item 31, effective Sch 1 (items 31–51, 102–105): 26 Mar 2009 (s 2(1) item 2) | Amended by No 27 of 2009, Sch 2 item 58 | Sch 2 item 71 | Sch 3 item 1 | Sch 3 item 2 | Sch 3 item 3 | Sch 3 item 4 | Sch 3 item 5, effective Sch 3 (items 1–5, 40–43, 94–100, 102(1)): 27 Mar 2009 (s 2(1) item 5) | Amended by No 88 of 2009, Sch 2 item 2 | Sch 2 item 426 | Sch 5 item 21 | Sch 5 item 22 | Sch 5 item 23 | Sch 5 item 24 | Sch 5 item 25 | Sch 5 item 26 | Sch 5 item 27 | Sch 5 item 28 | Sch 5 item 29 | Sch 5 item 30 | Sch 5 item 31 | Sch 5 item 32 | Sch 5 item 33 | Sch 5 item 34 | Sch 5 item 35 | Sch 5 item 36 | Sch 5 item 37 | Sch 5 item 38 | Sch 5 item 39 | Sch 5 item 40 | Sch 5 item 41 | Sch 5 item 42 | Sch 5 item 43 | Sch 5 item 44 | Sch 5 item 45 | Sch 5 item 46 | Sch 5 item 47 | Sch 5 item 48 | Sch 5 item 49 | Sch 5 item 50 | Sch 5 item 232 | Sch 5 item 306, effective s 4, Sch 1, Sch 3 (items 2–4), Sch 4 (items 1, 5) and Sch 5 (items 21–112, 306–318): 18 Sept 2009 (s 2(1) items 1, 2, 6, 7, 10) Sch 2 (items 2, 3): 1 Oct 2009 (s 2(1) item 3) | Amended by No 114 of 2009, Sch 1 item 5 | Sch 2 item 18, effective Sch 1 (items 5–7) and Sch 2: 1 Mar 2010 (s 2(1) items 2, 4) | Amended by No 133 of 2009, Sch 1 item 9 | Sch 3 item 1 | Sch 3 item 2, effective Sch 1 (items 9–20, 86, 87): 14 Dec 2009 (s 2(1) item 2) | Amended by No 56 of 2010, Sch 1 item 2 | Sch 3 item 275 | Sch 5 item 8 | Sch 6 item 55 | Sch 6 item 114 | Sch 6 item 118 | Sch 6 item 119 | Sch 6 item 120 | Sch 6 item 121 | Sch 6 item 122 | Sch 6 item 123, effective s 4, Sch 3 (items 1, 10(1)) and Sch 6 (items 17, 18, 55, 114, 118–126): 3 June 2010 (s 2(1) items 1, 7, 15, 23) Sch 1 (item 7): 1 July 2010 (s 2(1) item 3) Sch 2 (items 1, 4): 4 June 2010 (s 2(1) item 6) Sch 6 (item 108): 1 July 2006 (s 2(1) item 19) | Amended by No 75 of 2010, Sch 1 item 1 | Sch 1 item 2 | Sch 1 item 3 | Sch 1 item 4, effective Sch 1 (items 1–33, 35) and Sch 6 (items 2–6): 29 June 2010 (s 2(1) item 2) Sch 2 (items 1, 2, 25): 1 July 2010 (s 2(1) item 3) Sch 5 (items 2–6): 28 June 2010 (s 2(1) item 7) | Amended by No 79 of 2010, Sch 1 item 4 | Sch 2 item 245 | Sch 4 item 398 | Sch 4 item 9 | Sch 4 item 10 | Sch 4 item 11 | Sch 4 item 12 | Sch 5 item 3 | Sch 5 item 4 | Sch 5 item 5, effective Sch 1 (items 1, 2, 17–26, 53, 57, 66), Sch 3 (item 1), Sch 4 (items 1, 9–37, 51) and Sch 5 (items 1, 3–5, 13): 1 July 2010 (s 2(1) items 2, 4) Sch 2 (items 1, 10–15): 1 July 2010 (s 2(1) item 3) | Amended by No 90 of 2010, Sch 4 item 1 | Sch 4 item 2, effective Sch 4 (items 1–4, 8): 29 June 2010 (s 2(1) item 3) | Amended by No 105 of 2010, Sch 1 item 37, effective Sch 1 (items 37–52) and Sch 2 (items 1, 2): 1 Oct 2010 (s 2(1) items 9–11, 14) | Amended by No 114 of 2010, Sch 1 item 1 | Sch 1 item 2 | Sch 1 item 3 | Sch 1 item 4 | Sch 1 item 5, effective Sch 1 (items 1–39, 93–96): 14 July 2010 (s 2(1) items 2, 4) Sch 1 (items 88–92): 14 Sept 2006 (s 2(1) item 3) | Amended by No 145 of 2010, Sch 1 item 355 | Sch 2 item 69 | Sch 2 item 80 | Sch 2 item 83 | Sch 3 item 1 | Sch 3 item 2 | Sch 3 item 3 | Sch 3 item 4 | Sch 3 item 5 | Sch 3 item 6, effective Sch 2 (items 31–33) and Sch 3 (items 1–6): 17 Dec 2010 (s 2(1) item 2) | Amended by No 32 of 2011, Sch 1 item 30 | Sch 1 item 31 | Sch 4 item 150 | Sch 4 item 282 | Sch 4 item 468 | Sch 4 item 469 | Sch 4 item 470 | Sch 4 item 470A | Sch 4 item 471 | Sch 4 item 472 | Sch 4 item 473 | Sch 4 item 474 | Sch 4 item 475 | Sch 4 item 476 | Sch 4 item 477 | Sch 4 item 478 | Sch 4 item 479 | Sch 4 item 479A | Sch 5 item 621, effective Sch 4 (items 282–284) and Sch 5: 1 July 2011 (s 2(1) items 3, 8) Sch 4 (items 621–624): never commenced (s 2(1) item 4) | Amended by No 41 of 2011, Sch 5 item 15 | Sch 5 item 16 | Sch 5 item 17 | Sch 5 item 61 | Sch 5 item 62 | Sch 5 item 63 | Sch 5 item 64 | Sch 5 item 176 | Sch 5 item 177 | Sch 5 item 178 | Sch 5 item 179 | Sch 5 item 180, effective Sch 5 (items 15–17): 28 June 2011 (s 2(1) item 11) Sch 5 (items 57–73, 79, 176–367, 376–382, 412, 413): 27 June 2011 (s 2(1) items 17, 23) | Amended by No 43 of 2011, Sch 2 item 1 | Sch 2 item 2, effective s 4 and Sch 2 (items 1–3, 6): 27 June 2011 (s 2(1) items 1, 5) | Amended by No 147 of 2011, Sch 8 item 42, effective s 4, Sch 7 and Sch 8 (item 42): 29 Nov 2011 (s 2(1) items 1, 7, 11) | Amended by No 159 of 2011, Sch 3 item 1, effective Sch 1 (items 1–3) and Sch 3 (items 1–16, 24): 1 July 2012 (s 2(1) items 2, 5) Sch 1 (items 4–6): repealed before commencing (s 2(1) item 3) | Amended by No 12 of 2012, Sch 1 item 12 | Sch 1 item 13 | Sch 1 item 14 | Sch 6 item 132 | Sch 6 item 204 | Sch 6 item 219 | Sch 6 item 220, effective s 4 and Sch 6 (items 1, 2, 188, 189, 219–234, 248, 252–255): 21 Mar 2012 (s 2(1) items 1, 6, 31) Sch 6 (items 30, 31): 15 Mar 2007 (s 2(1) item 12) Sch 6 (items 153–156): 22 Mar 2012 (s 2(1) item 26) | Amended by No 169 of 2012, Sch 2 item 1 | Sch 2 item 142 | Sch 2 item 150 | Sch 2 item 153, effective Sch 2 (items 1–3, 26, 27): 3 Dec 2012 (s 2(1) item 3) | Amended by No 84 of 2013, Sch 1 item 10 | Sch 1 item 11 | Sch 5 item 1 | Sch 5 item 2 | Sch 5 item 3 | Sch 5 item 4 | Sch 5 item 5 | Sch 5 item 6 | Sch 8 item 25, effective s 4, Sch 1 (items 1, 9(1), 10–18) and Sch 5: 28 June 2013 (s 2(1) items 1, 2) | Amended by No 88 of 2013, Sch 5 item 11 | Sch 5 item 12 | Sch 5 item 28, effective s 4 and Sch 7 (item 199): 28 June 2013 (s 2(1) items 1, 21) Sch 5 (items 11–20, 24): 1 July 2013 (s 2(1) item 10) Sch 5 (items 28–34, 36–38) and Sch 6 (items 1, 2, 49): 29 June 2013 (s 2(1) items 11, 13) Sch 5 (item 35): 29 June 2013 (s 2(1) item 12) | Amended by No 101 of 2013, Sch 2 item 8, effective Sch 1 (items 1–8, 10) and Sch 2 (items 1, 8–19, 50): 29 June 2013 (s 2(1) items 2, 3) | Amended by No 11 of 2014, Sch 3 item 3, effective Sch 3 (item 1): 18 Mar 2014 (s 2(1) item 4) Sch 3 (items 3, 4, 6): 1 July 2019 (s 2(1) item 6) Sch 3 (item 5): repealed before commencing (s 2(1) item 6) | Amended by No 31 of 2014, Sch 1 item 34 | Sch 1 item 35 | Sch 4 item 93 | Sch 4 item 97 | Sch 8 item 9 | Sch 8 item 35 | Sch 8 item 36 | Sch 8 item 37, effective Sch 4 (items 97, 98): 24 June 2014 (s 2(1) item 9) | Amended by No 96 of 2014, Sch 2 item 3 | Sch 5 item 4, effective Sch 2 (items 3–13, 42, 43): 30 Sept 2014 (s 2(1) item 2) | Amended by No 110 of 2014, Sch 5 item 7 | Sch 5 item 8 | Sch 5 item 9 | Sch 5 item 10 | Sch 5 item 95 | Sch 5 item 96 | Sch 5 item 97, effective Sch 2 (items 1, 6–12, 23): 17 Oct 2014 (s 2(1) item 2) Sch 5 (items 7–15, 95–97): 16 Oct 2014 (s 2(1) items 4, 7) | Amended by No 2 of 2015, Sch 1 item 3 | Sch 2 item 62 | Sch 4 item 9 | Sch 4 item 73, effective Sch 2 (items 73, 100–110) and Sch 4 (items 9–23, 79): 25 Feb 2015 (s 2(1) items 5, 6) Sch 2 (items 24–28): 1 July 2015 (s 2(1) item 4) | Amended by No 21 of 2015, Sch 2 item 10 | Sch 6 item 3 | Sch 6 item 38, effective Sch 2 (items 36, 44–46): 1 May 2015 (s 2(1) item 3) Sch 6 (items 3–15, 73): 19 Mar 2015 (s 2(1) item 7) Sch 6 (items 38–50, 74–79): never commenced (s 2(1) item 12) Sch 7 (items 9–12): 20 Mar 2015 (s 2(1) item 15) | Amended by No 70 of 2015, Sch 7 item 19 | Sch 1 item 7 | Sch 1 item 47 | Sch 1 item 48 | Sch 1 item 49 | Sch 1 item 50 | Sch 1 item 51 | Sch 1 item 52 | Sch 3 item 8, effective Sch 1 (items 47–64, 195–205): 1 July 2015 (s 2(1) items 3, 6) Sch 2 (items 1–16, 18–23, 38), Sch 3 and Sch 7 (items 2, 3, 11): 25 June 2015 (s 2(1) items 7, 20) | Amended by No 53 of 2016, Sch 2 item 104 | Sch 5 item 6 | Sch 5 item 7 | Sch 5 item 8 | Sch 6 item 1 | Sch 6 item 2 | Sch 6 item 3, effective Sch 3 (item 1), Sch 5 (items 1, 3, 6–28, 75), Sch 6 (items 1–20) and Sch 8 (item 1): 5 May 2016 (s 2(1) items 2, 4) | Amended by No 55 of 2016, Sch 7 item 8 | Sch 12 item 6 | Sch 12 item 7 | Sch 12 item 8 | Sch 12 item 9 | Sch 13 item 5 | Sch 13 item 6 | Sch 14 item 5 | Sch 15 item 2 | Sch 15 item 3, effective Sch 15 (items 2, 3, 5): 1 Jan 2017 (s 2(1) item 17) Sch 23 (items 37–39, 41–43): 1 Oct 2016 (s 2(1) item 25) | Amended by No 15 of 2017, Sch 4 item 20 | Sch 4 item 21 | Sch 4 item 22, effective Sch 4 (items 1–3, 7, 8): never commenced (s 2(1) items 5–7) Sch 4 (items 20–25): 1 Apr 2017 (s 2(1) item 8) | Amended by No 27 of 2017, Sch 1 item 2 | Sch 1 item 3, effective Sch 1 (items 2–6, 8–13, 52): 1 July 2017 (s 2(1) items 2, 4) Sch 1 (item 7): never commenced (s 2(1) item 3) | Amended by No 132 of 2017, Sch 1 item 26, effective Sch 1 (item 26): 1 July 2018 (s 2(1) item 2) | Amended by No 4 of 2018, Sch 2 item 1 | Sch 2 item 2 | Sch 3 item 1 | Sch 6 item 4, effective Sch 6 (items 4–8, 27): 21 Feb 2018 (s 2(1) item 1) | Amended by No 15 of 2018, Sch 1 item 7 | Sch 1 item 8, effective Sch 1 (items 7–10, 65–67): 1 Apr 2018 (s 2(1) items 2, 4) Sch 1 (items 29–41, 68–73): repealed before commencing (s 2(1) items 3, 5) | Amended by No 34 of 2019, Sch 1 item 12 | Sch 1 item 15, effective Sch 1 (items 15, 16), Sch 3 and Sch 4 (items 1, 2): 1 July 2019 (s 2(1) item 2) | Amended by No 59 of 2019, Sch 2 item 4, effective Sch 2 (items 4–8): 30 Aug 2019 (s 2(1) item 2) | Amended by No 64 of 2020, Sch 3 item 41 | Sch 3 item 42 | Sch 3 item 170 | Sch 3 item 171 | Sch 3 item 203 | Sch 3 item 292, effective Sch 1: 1 July 2020 (s 2(1) item 2) Sch 3 (items 203–227, 325, 326): 1 Oct 2020 (s 2(1) item 6) | Amended by No 92 of 2020, Sch 2 item 4, effective Sch 1 (items 17, 24): 15 Oct 2020 (s 2(1) item 4) Sch 2 (items 4–15), Sch 3 (items 17–24, 40) and Sch 5 (items 1–10, 56): 1 Jan 2021 (s 2(1) item 7) | Amended by No 101 of 2023, Sch 4 item 10, effective Sch 4 (items 1–5, 9–12): 1 Jan 2024 (s 2(1) item 6) | Amended by No 38 of 2024, Sch 3 item 107 | Sch 3 item 108 | Sch 3 item 109 | Sch 3 item 110, effective Sch 1 (items 29, 30, 63): 14 Oct 2024 (s 2(1) item 2) | Amended by No 17 of 2025, Sch 1 item 51 | Sch 1 item 55 | Sch 1 item 56 | Sch 1 item 57 | Sch 1 item 58 | Sch 1 item 60 | Sch 7 item 7 | Sch 7 item 110 | Sch 8 item 33, effective Sch 8 (items 33–37): 1 July 2026 (s 2(1) item 6)

s 6AB — Foreign income and foreign tax

(1) A reference in this Act to foreign income is a reference to income (including superannuation lump sums and employment termination payments) derived from sources in a foreign country or foreign countries, and includes a reference to an amount included in assessable income under section 102AAZD, 456, 457 or 459A of this Act, or section 305 ‑ 70 of the Income Tax Assessment Act 1997 . (1C) A reference in this Act to foreign income includes a reference to an amount included in assessable income under: (a) Division 301 of the Income Tax Assessment Act 1997 in its application under section 301 ‑ 5 of the Income Tax (Transitional Provisions) Act 1997 ; or (b) Division 302 of the Income Tax Assessment Act 1997 in its application under section 302 ‑ 5 of the Income Tax (Transitional Provisions) Act 1997 . (2) A reference in this Act to foreign tax is a reference to tax imposed by a law of a foreign country, being: (a) tax upon income; or (b) tax upon profits or gains, whether of an income or capital nature; or (c) any other tax, being a tax that is subject to an agreement having the force of law under the International Tax Agreements Act 1953 ; but does not include a unitary tax or a credit absorption tax. (5B) This section applies to a non ‑ share dividend in the same way as it applies to a dividend. (6) In this section: credit absorption tax means a tax imposed by a law of a foreign country to the extent that the tax would not have been payable if the taxpayer concerned or another taxpayer had not been entitled to an offset in respect of the tax under Division 770 of the Income Tax Assessment Act 1997 . law , in relation to a foreign country, means a law of that country, or of any part of, or place in, that country. unitary tax means tax imposed by a law of a foreign country, being a law which, for the purposes of taxing income, profits or gains of a company derived from sources within that country, takes into account, or is entitled to take into account, income, losses, outgoings or assets of the company (or of a company that for the purposes of that law is treated as being associated with the company) derived, incurred or situated outside that country, but does not include tax imposed by that law if that law only takes those matters into account: (a) if such an associated company is a resident for the purposes of that law; or (b) for the purposes of granting any form of relief in relation to tax imposed on dividends received by one company from another company.

Amendment history: Inserted by No 51 of 1986, effective s 3–35: 22 July 1986 | Amended by No 78 of 1988, item 8, effective s 8–13, 14(1), 16–36, 38, 55(1)–(14), 56, 57 and Sch: 24 June 1988 (s 2(1)) s 14(2): 1 July 1988 (s 2(2)) s 15: 22 Dec 1986 (s 2(3)) s 37, 39–53 and 55(15)–(25):1 Nov 1988 (s 2(4) and gaz 1988, No S331) | Amended by No 5 of 1991, item 5 | item 18 | item 28 | item 334, effective s 4–61: 8 Jan 1991 (s 2) | Amended by No 48 of 1991, item 9, effective s 9, 15, 33, 70 and 81–83: 8 Jan 1991 (s 2(2)) s 10–14, 16–31, 34(a), 35, 37–39, 41–51(1), 52–59(1), 60, 61,67, 68(1), 69, 71–80, 84(1)–(8), (10), (11), (13)–(17), 85, 86 and 88–90: 24 Apr 1991 (s 2(1)) s 32 and 84(9): 1 July 1991 (s 2(4)) s 34(b), 36, 40 and 87: 21 Aug 1990 (s 2(3)) s 51(2), 59(2), 62–66, 68(2) and 84(12): 25 Apr 1991 (s 2(5)) | Amended by No 190 of 1992, item 3, effective 1 Jan 1993 (s 2) | Amended by No 181 of 1994, Sch 3 item 19 | Sch 3 item 25 | Sch 3 item 74, effective Sch 1 (items 1–21, 86–91), Sch 2 (items 5–23, 23 (2nd occurring)), Sch 3 (items 6–100), Sch 4 (items 9–23) and Sch 5 (items 25–30, 46(10)): 19 Dec 1994 (s 2(1)) Sch 1 (items 22–85): 13 Oct 1994 (s 2(2)) | Amended by No 22 of 1995, item 17, effective Sch (items 16–35): 29 Mar 1995 (s 2) | Amended by No 170 of 1995, Sch 1 item 17, effective Sch 1 and Sch 2 (items 1–53), Sch 3 (items 15, 16): 16 Dec 1995 (s 2(1)) | Amended by No 163 of 2001, Sch 1 item 47, effective Sch 1 (items 35–116, 118(1), (2), (6)–(13)): 1 July 2001 (s 2) | Amended by No 66 of 2003, Sch 3 item 4 | Sch 3 item 5, effective s 4, Sch 1 and Sch 3 (items 1–46, 47, 48, 140(1), (5), (7)): 30 June 2003 (s 2(1) items 1, 2, 4–6, 14) Sch 3 (item 46A): 29 June 2002 (s 2(1) item 5A) | Amended by No 96 of 2004, effective Sch 2 (items 1–80, 85–138, 140, 141) and Sch 3: 29 June 2004 (s 2(1) items 3, 5, 6) | Amended by No 15 of 2007, Sch 1 item 37 | Sch 1 item 38 | Sch 1 item 39 | Sch 1 item 40 | Sch 1 item 41, effective Sch 1 (items 1–8, 22–149, 406(1)–(3)) and Sch 3 (items 6, 7): 15 Mar 2007 (s 2(1) items 2, 6) | Amended by No 143 of 2007, Sch 1 item 21 | Sch 1 item 23 | Sch 1 item 25, effective Sch 1 (items 2, 3, 18–127, 222, 223, 224(1), (2), 225, 226), Sch 4 (items 1–46, 51, 52), Sch 7 (items 9–17, 104(2)) and Sch 8: 24 Sept 2007 (s 2(1) items 2, 4, 11, 12) | Amended by No 114 of 2010, Sch 1 item 6, effective Sch 1 (items 1–39, 93–96): 14 July 2010 (s 2(1) items 2, 4) Sch 1 (items 88–92): 14 Sept 2006 (s 2(1) item 3)

s 6B — Income beneficially derived

(1) For the purposes of this Act, an amount of income derived by a person, not being a dividend paid by a company to the person as a shareholder in the company, shall be deemed to be attributable to a dividend: (a) if the person derived the amount of income by reason of being the beneficial owner of the share in respect of which the dividend was paid; or (b) if the person derived the amount of income as a beneficiary in a trust estate and the amount of income can be attributed, directly or indirectly, to the dividend or to an amount that is deemed, by any application or successive applications of this subsection, to be an amount of income attributable to the dividend. (1A) For the purposes of this Act, an amount of income derived by a person, being income other than passive income, is to be taken to be income attributable to passive income: (a) if the person derived the amount of income by reason of being beneficially entitled to an amount representing passive income; or (b) if the person derived the amount of income as a beneficiary in a trust estate and the amount of income can be attributed, directly or indirectly, to passive income or to an amount that is taken, by any application or successive applications of this subsection, to be an amount of income attributable to passive income. (2) For the purposes of this Act, an amount of income derived by a person, being income other than interest income, shall be deemed to be income attributable to interest income: (a) if the person derived the amount of income by reason of being beneficially entitled to an amount representing interest income; or (b) if the person derived the amount of income as a beneficiary in a trust estate and the amount of income can be attributed, directly or indirectly, to interest income or to an amount that is deemed, by any application or successive applications of this subsection, to be an amount of income attributable to interest income. (2A) For the purposes of this Act, an amount of income derived by a person shall be deemed to be income derived from a particular source: (a) except where paragraph (b) applies: (i) if the person derived the amount of income by reason of being beneficially entitled to an amount that is derived from that source; or (ii) if the person derived the amount of income as a beneficiary in a trust estate and the amount of income can be attributed, directly or indirectly, to income derived from that source or to an amount that is deemed, by any other application or applications of this subsection, to be an amount that is income derived from that source; or (b) if the income so derived is, by virtue of subsection (1), (1A) or (2), attributable to a dividend, passive income or interest income derived from that source. (3) Where a beneficiary in a trust estate is presently entitled to income of the trust estate, that income shall, for the purposes of this section, be deemed to be an amount of income derived by the person. (4) This section: (a) applies to a non ‑ share equity interest in the same way as it applies to a share; and (b) applies to an equity holder in the same way as it applies to a shareholder; and (c) applies to a non ‑ share dividend in the same way as it applies to a dividend.

Amendment history: Inserted by No 85 of 1967, effective s 2(2), (3) and 3–37: 8 Nov 1967 (s 2(1)) | Amended by No 51 of 1973, effective s 25(1): 25 June 1968 (s 25(2)) Remainder: 14 June 1973 (s 2) | Amended by No 108 of 1981, effective s 4–25: 24 June 1981 (s 2) | Amended by No 51 of 1986, effective s 3–35: 22 July 1986 | Amended by No 5 of 1991, item 7, effective s 4–61: 8 Jan 1991 (s 2) | Amended by No 163 of 2001, Sch 1 item 49, effective Sch 1 (items 35–116, 118(1), (2), (6)–(13)): 1 July 2001 (s 2) | Amended by No 143 of 2007, Sch 1 item 770, effective Sch 1 (items 2, 3, 18–127, 222, 223, 224(1), (2), 225, 226), Sch 4 (items 1–46, 51, 52), Sch 7 (items 9–17, 104(2)) and Sch 8: 24 Sept 2007 (s 2(1) items 2, 4, 11, 12)

s 6BA — Taxation treatment of certain shares

(1) This section applies if a shareholder holds shares in a company (the original shares ) and the company issues other shares (the bonus shares ) in respect of the original shares. (2) If the bonus shares are a dividend, or taken to be a dividend (including as a result of section 45C), the consideration for the acquisition of the shares for the purposes of this Act is so much of the dividend as is: (a) included in the taxpayer’s assessable income; and (b) is not rebatable under section 46A. (3) If the bonus shares are issued for no consideration and are not a dividend or taken to be a dividend, then for the purposes of this Act, in determining: (a) the value of such of the original shares and bonus shares as the taxpayer elects under section 70 ‑ 45 of the Income Tax Assessment Act 1997 to value at cost; and (b) where any of the original shares or any of the bonus shares are not articles of trading stock of the taxpayer: (i) the amount or value of the consideration paid in respect of the acquisition of any of those shares for the purposes of Part 3 ‑ 1 or 3 ‑ 3 of the Income Tax Assessment Act 1997 ; or (ii) the amount of any profit or loss arising on the sale or disposal of any of those shares; any amounts paid or payable by the taxpayer in respect of the original shares (whether on purchase of the shares, on application for or allotment of the shares, to meet calls or otherwise) shall be deemed to have been paid or to be payable by the taxpayer in respect of the original shares and the bonus shares in such proportions as the Commissioner considers appropriate in the circumstances. (4) A company issues shares for no consideration if: (a) it credits its capital account with profits in connection with the issue of the shares; or (b) it credits its capital account with the amount of any dividend to a shareholder and the shareholder does not have a choice whether to be paid the dividend or to be issued with the shares. This subsection does not limit the generality of subsection (3). Note: A company that makes a credit covered by paragraph (a) or (b) will have a tainted share capital account. (5) Subject to subsection (6), if a shareholder has a choice whether to be paid a dividend or to be issued shares and the shareholder chooses to be issued with shares: (a) the dividend is taken to be credited to the shareholder; and (b) the dividend is taken to have been paid out of profits; and (c) subsections (2) and (3) apply in working out the consideration for the acquisition of the shares for the purposes of this Act. However, the share capital account of the company does not become a tainted share capital account as a result of the crediting of the dividend to the share capital account. (6) Subsection (5) does not apply if: (a) a shareholder in a listed public company has a choice whether to be paid a dividend (other than a minimally franked dividend within the meaning of subsection 45(3)) or to be issued shares and the shareholder chooses to be issued with shares; and (b) the company does not credit the share capital account in connection with the issue of those shares. Note: If subsection (5) does not apply because of this subsection, subsection (3) will apply. (7) This section (other than subsection (6)): (a) applies to a non ‑ share equity interest in the same way as it applies to a share; and (b) applies to an equity holder in the same way as it applies to a shareholder; and (c) applies to a non ‑ share dividend in the same way as it applies to a dividend.

Amendment history: Inserted by No 57 of 1978, effective 22 June 1978 (s 2) | Amended by No 146 of 1979, effective 28 Nov 1979 (s 2) | Amended by No 108 of 1981, effective s 4–25: 24 June 1981 (s 2) | Amended by No 47 of 1984, item 4 | item 10, effective 25 June 1984 (s 2) | Amended by No 52 of 1986, effective 24 June 1986 (s 2) | Amended by No 120 of 1995, Sch 1 item 1 | Sch 1 item 2 | Sch 1 item 3 | Sch 1 item 4 | Sch 1 item 5 | Sch 1 item 6, effective Sch 1 (items 1–57, 59–90) and Sch 2 (items 1, 3, 4): 25 Oct 1995 (s 2(1)) Sch 1 (item 58): 23 Nov 1994 (s 2(2)) | Amended by No 121 of 1997, Sch 5 item 44, effective s 4: 8 July 1997 (s 2(1)) Sch 2 (items 18–37), Sch 3 (items 31–61), Sch 4 (items 63–138), Sch 5 (items 43–93), Sch 6 (items 68–132), Sch 7 (items 5–7), Sch 8 (items 32–51), Sch 9 (items 16–40), Sch 10 (items 12–15), Sch 11 (items 37–57) and Sch 12 (items 15–23): 1 July 1997 (s 2(3), (5)) | Amended by No 63 of 1998, Sch 7 item 1 | Sch 7 item 2 | Sch 7 item 4 | Sch 7 item 54, effective Sch 1–4 and Sch 5 (items 1–22, 25–53, 58–67): 1 July 1998 (s 2(1) and gaz 1998, No S325) Sch 5 (items 23, 24, 54–57): 1 July 1998 (s 2(2)) | Amended by No 58 of 2000, Sch 8 item 1 | Sch 8 item 2 | Sch 8 item 3, effective s 4, Sch 1, Sch 2 (items 1, 4(1)), Sch 3 (item 3), Sch 6 (item 34), Sch 10 (items 1–11, 17(1), (2), 18–30, 38(1), (2)) and Sch 11 (items 1, 11): 31 May 2000 (s 2(1), (2)) Sch 3 (items 1, 2, 4–7) and Sch 6 (item 33): 16 July 1999 (s 2(3)–(6), (12)) Sch 8 (items 1–17, 21): 1 July 1998 (s 2(13)) Sch 8 (item 18): 1 July 1999 (s 2(13)) | Amended by No 163 of 2001, Sch 1 item 50, effective Sch 1 (items 35–116, 118(1), (2), (6)–(13)): 1 July 2001 (s 2) | Amended by No 101 of 2003, Sch 6 item 5, effective s 4, Sch 1 (items 1, 21), Sch 3 (items 1, 6), Sch 4, Sch 6 (items 7–15): 14 Oct 2003 (s 2(1) items 1, 3, 5, 6, 14–16) s 5: 11 Oct 2002 (s 2(1) item 2) Sch 6 (item 5): 1 July 1998 (s 2(1) item 12) Sch 6 (item 6): 30 June 1992 (s 2(1) item 13) | Amended by No 101 of 2006, Sch 2 item 147 | Sch 4 item 1, effective Sch 1 (items 1, 5–199), Sch 2 (items 118–565, 1017, 1023–1037) and Sch 6 (items 1–4, 6–15): 14 Sept 2006 (s 2(1) items 2, 4) Sch 3 (items 1–10) and Sch 4 (items 1–11): 1 Jan 2008 (s 2(1) item 3) | Amended by No 133 of 2009, Sch 1 item 10, effective Sch 1 (items 9–20, 86, 87): 14 Dec 2009 (s 2(1) item 2) | Amended by No 101 of 2023, Sch 4 item 11, effective Sch 4 (items 1–5, 9–12): 1 Jan 2024 (s 2(1) item 6)

s 6C — Source of royalty income derived by a non ‑ resident

(1) This section applies to income that is derived on or after 1 July 1968 by a non ‑ resident and consists of royalty that: (a) is paid or credited to the non ‑ resident by the Commonwealth, by a State, by an authority of the Commonwealth or of a State or by a person who is, or by persons at least one of whom is, a resident and is not an outgoing wholly incurred by the Commonwealth, the State, the authority or that person or those persons in carrying on business in a country outside Australia at or through a permanent establishment of the Commonwealth, the State, the authority or that person or those persons in that country; or (b) is paid or credited to the non ‑ resident by a person who is, or by persons each of whom is, a non ‑ resident and is, or is in part, an outgoing incurred by that person or those persons in carrying on business in Australia at or through a permanent establishment of that person or those persons in Australia. (1A) For the purposes of Division 5 and Division 6 of Part III, but subject to subsections (3) and (4), income to which this section applies shall be deemed to be attributable to sources in Australia. (2) For the purposes of sections 6 ‑ 5 and 6 ‑ 10 of the Income Tax Assessment Act 1997 , but subject to subsections (3) and (4), income to which this section applies shall be deemed to have been derived from a source in Australia. (3) Where: (a) income to which this section applies is paid or credited to the non ‑ resident by whom it is derived by the Commonwealth, by a State, by an authority of the Commonwealth or of a State or by a person who is, or by persons at least one of whom is, a resident; and (b) the royalty of which the income consists is, in part, an outgoing incurred by the Commonwealth, the State, the authority or that person or those persons in carrying on business in a country outside Australia at or through a permanent establishment of the Commonwealth, the State, the authority or that person or those persons in that country; subsection (2) has effect in relation to so much only of the income as is attributable to so much of the royalty as is not an outgoing so incurred. (4) Where: (a) income to which this section applies is paid or credited to the non ‑ resident by whom it is derived by a person who, or by persons each of whom, is a non ‑ resident; and (b) the royalty of which the income consists is, in part only, an outgoing incurred by the person or persons by whom it is paid or credited in carrying on business in Australia at or through a permanent establishment of that person or those persons in Australia; subsection (2) has effect in relation to so much only of the income as is attributable to so much of the royalty as is an outgoing so incurred. (5) In subsection (6), a reference to a relevant person is a reference to the Commonwealth, a State, an authority of the Commonwealth or of a State or a person who is, or persons at least 1 of whom is, a resident. (6) For the purposes of paragraphs (1)(a) and (3)(b), where: (a) royalty is paid or credited, after the commencement of this subsection, to a non ‑ resident by a relevant person carrying on business in a country outside Australia; and (b) the royalty or a part of the royalty: (i) is incurred by the relevant person in gaining or producing income that is derived by the relevant person otherwise than in carrying on business in a country outside Australia at or through a permanent establishment of the relevant person in that country or is incurred by the relevant person for the purpose of gaining or producing income to be so derived; or (ii) is incurred by the relevant person in carrying on business for the purpose of gaining or producing income and is reasonably attributable to income that is derived, or may be derived, by the relevant person otherwise than in so carrying on business at or through a permanent establishment of the relevant person in a country outside Australia; the royalty or the part of the royalty, as the case may be, is not an outgoing incurred by the relevant person in carrying on business in a country outside Australia at or through a permanent establishment of the relevant person in that country. (7) For the purposes of paragraphs (1)(b) and (4)(b), where: (a) royalty is paid or credited, after the commencement of this subsection, to a non ‑ resident by another person or other persons (in this subsection referred to as the payer ), being: (i) another person who is carrying on business in Australia and is a non ‑ resident; or (ii) other persons who are carrying on business in Australia and each of whom is a non ‑ resident; and (b) the royalty or a part of the royalty: (i) is incurred by the payer in gaining or producing income that is derived by the payer in carrying on business in Australia at or through a permanent establishment of the payer in Australia or is incurred by the payer for the purpose of gaining or producing income to be so derived; or (ii) is incurred by the payer in carrying on a business for the purpose of gaining or producing income and is reasonably attributable to income that is derived, or may be derived, by the payer in so carrying on business at or through a permanent establishment of the payer in Australia; the royalty or the part of the royalty, as the case may be, is an outgoing incurred by the payer in carrying on business in Australia at or through a permanent establishment of the payer in Australia.

Amendment history: Inserted by No 4 of 1968, effective 8 May 1968 (s 2(1)) | Amended by No 51 of 1973, effective s 25(1): 25 June 1968 (s 25(2)) Remainder: 14 June 1973 (s 2) | Amended by No 26 of 1974, effective 1 Aug 1974 (s 2) | Amended by No 50 of 1976, effective s 3–19 and Sch: 4 June 1976 (s 2) | Amended by No 143 of 1976, effective s 4–6, 8 and 9: 6 Dec 1976 (s 2) | Amended by No 126 of 1977, effective 10 Nov 1977 (s 2) | Amended by No 12 of 1979, effective 13 Mar 1979 (s 2) | Amended by No 57 of 1980, effective 23 May 1980 (s 2) | Amended by No 108 of 1981, effective s 4–25: 24 June 1981 (s 2) | Amended by No 224 of 1992, item 60, effective s 4–13, 14(1), 15(1), 16(1), 17(1) and 18–87: 24 Dec 1992 (s 2(1)) s 14(2), 15(2), 16(2) and 17(2): 1 July 1993 (s 2(1)) | Amended by No 39 of 1997, Sch 4 item 4, effective Sch 1: 1 July 1997 (s 2) | Amended by No 101 of 2006, Sch 2 item 149, effective Sch 1 (items 1, 5–199), Sch 2 (items 118–565, 1017, 1023–1037) and Sch 6 (items 1–4, 6–15): 14 Sept 2006 (s 2(1) items 2, 4) Sch 3 (items 1–10) and Sch 4 (items 1–11): 1 Jan 2008 (s 2(1) item 3)

s 6CA — Source of natural resource income derived by a non ‑ resident

(1) In this section: double tax agreement means an agreement within the meaning of the International Tax Agreements Act 1953 . natural resource income means income that: (a) is derived by a non ‑ resident; and (b) is calculated, in whole or in part, by reference to the value or quantity of natural resources produced, recovered or produced and recovered, in Australia after 7 April 1986; but does not include: (c) income that consists of royalty; or (d) income where: (i) on 7 April 1986, the non ‑ resident had a continuing entitlement to receive the income; (ii) the income was derived by the non ‑ resident pursuant to that continuing entitlement; (iii) the non ‑ resident was, at 5 o’clock in the afternoon, by standard time in the Australian Capital Territory on 7 April 1986, a resident, within the meaning of a double tax agreement, of a foreign country in respect of which the double tax agreement was in force; (iv) before 8 April 1986, the Commissioner had given a statement in writing to the effect that income tax would be levied on 50% of income included in a specified class of income; and (v) the income is included in that class of income. (2) For the purposes of Divisions 5 and 6 of Part III, natural resource income shall be deemed to be attributable to sources in Australia. (3) For the purposes of section 255 of this Act and sections 6 ‑ 5 and 6 ‑ 10 of the Income Tax Assessment Act 1997 , natural resource income shall be deemed to have been derived from a source in Australia.

Amendment history: Inserted by No 154 of 1986, effective s 23–25, 26(a), 27, 29–39, 41–48, 49(1), (2), (4)–(6), (8)–(11) and 50: 18 Dec 1986 (s 2(1)) s 26(b), (c), 28, 40, 49(3) and (7): 1 Jan 1987 (s 2(4) and gaz 1986, No S650) | Amended by No 22 of 1995, item 18, effective Sch (items 16–35): 29 Mar 1995 (s 2) | Amended by No 39 of 1997, Sch 4 item 5, effective Sch 1: 1 July 1997 (s 2) | Amended by No 101 of 2006, Sch 2 item 150, effective Sch 1 (items 1, 5–199), Sch 2 (items 118–565, 1017, 1023–1037) and Sch 6 (items 1–4, 6–15): 14 Sept 2006 (s 2(1) items 2, 4) Sch 3 (items 1–10) and Sch 4 (items 1–11): 1 Jan 2008 (s 2(1) item 3)

s 6D — Some tax offsets under the 1997 Assessment Act are treated as credits

A tax offset under a provision of the Income Tax Assessment Act 1997 that corresponds to a provision of this Act that provides for a credit is taken to be a credit for the purposes of this Act. Note: All other tax offsets under the Income Tax Assessment Act 1997 are treated as rebates: see section 160ADA.

Amendment history: Inserted by No 46 of 1972, effective s 3: 12 Apr 1972 (s 2) | Amended by No 51 of 1973, effective s 25(1): 25 June 1968 (s 25(2)) Remainder: 14 June 1973 (s 2) | Amended by No 165 of 1973, effective s 3–36: 11 Dec 1973 (s 2) | Amended by No 108 of 1981, effective s 4–25: 24 June 1981 (s 2) | Repealed by No 107 of 1989, Sch 1 item 35, effective s 9–23, 32 and Sch 1: 30 June 1989 (s 2(1)) | Inserted by No 117 of 1999, Sch 1 item 1, effective Sch 1 (items 1–4, 8): 1 July 1998 (s 2(1)) | Repealed by No 80 of 2006, Sch 4 item 197 | Sch 4 item 22, effective Sch 1 (items 1, 4), Sch 2, Sch 3 (items 1, 5), Sch 4 (items 3, 4, 14, 21, 22, 30), Sch 6 (item 2) and Sch 9: 30 June 2006 (s 2(1) items 2–4, 6, 7) Sch 4 (items 15–19): 30 June 2002 (s 2(1) item 5) | Inserted by No 143 of 2007, effective Sch 1 (items 2, 3, 18–127, 222, 223, 224(1), (2), 225, 226), Sch 4 (items 1–46, 51, 52), Sch 7 (items 9–17, 104(2)) and Sch 8: 24 Sept 2007 (s 2(1) items 2, 4, 11, 12)

s 6F — Dual resident investment company

(1) For the purposes of this Act, a company (other than a company in the capacity of trustee) is a dual resident investment company in relation to a year of income if: (a) at any time during the year of income the company is a resident of Australia; and (b) the company is liable to tax in a foreign country in respect of some or all of the income or profits of the company of the year of income (or would be so liable if the company derived income or profits) because: (i) the company is treated as a resident of that country for the purposes of the relevant law of that country; or (ii) the company is treated as domiciled in that country for the purposes of the relevant law of that country; or (iii) the company’s management and control is treated as being located in that country for the purposes of the relevant law of that country; and (c) at any time during the year of income when the company was in existence: (i) the company was not carrying on business with a reasonable view to profit; or (ii) a substantial purpose of the company (whether or not stated in its constituent document) was to acquire or hold shares, securities or other investments in related companies (whether directly or indirectly through one or more companies, partnerships or trusts). (2) For the purposes of this section, companies are related to each other if they are controlled (as defined by subsection (3)) by the same person, either alone or together with associates (whether or not the same associates are involved in relation to each company). (3) For the purposes of this section, a person, either alone or together with associates, controls a company if: (a) the person, either alone or together with associates: (i) controls or is capable of controlling, either directly or through one or more interposed companies, partnerships or trusts, at least 50% of the maximum number of votes that might be cast at a general meeting of the company; or (ii) is beneficially entitled to receive, directly or indirectly, at least 50% of any dividends that are or might be paid, or of any distribution of capital that is or may be made, by the company; or (iii) is capable, under a scheme, of gaining such control or such an entitlement; or (b) the company or its directors are accustomed or under an obligation (whether formal or informal), or might reasonably be expected, to act in accordance with the directions, instructions or wishes of the person, either alone or together with associates. (4) Section 159GZH applies for the purposes of this section in determining the beneficial entitlement of a person to receive indirectly the whole or a particular fraction of a dividend that is, or might be, paid by a company or of a distribution of capital of a company. (5) In this section: associate has the same meaning as in section 318. scheme means: (a) any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings; and (b) any scheme, plan, proposal, action, course of action or course of conduct, whether there are 2 or more parties or only one party involved.

Amendment history: Inserted by No 35 of 1990, item 4, effective s 4–41: 7 June 1990 (s 2) | Amended by No 101 of 2006, Sch 2 item 151, effective Sch 1 (items 1, 5–199), Sch 2 (items 118–565, 1017, 1023–1037) and Sch 6 (items 1–4, 6–15): 14 Sept 2006 (s 2(1) items 2, 4) Sch 3 (items 1–10) and Sch 4 (items 1–11): 1 Jan 2008 (s 2(1) item 3)

s 6H — Recognised small credit unions, recognised medium credit unions and recognised large credit unions

Recognised small credit union in relation to a year of income (1) For the purposes of this Act, a credit union is a recognised small credit union in relation to a year of income if: (a) both: (i) the year of income is the 1994 ‑ 95 year of income; and (ii) either: (A) the credit union is not a designated credit union; or (B) the credit union’s notional taxable income of the year of income is less than $50,000; or (b) both: (i) the year of income is the 1995 ‑ 96 year of income or a later year of income; and (ii) the credit union’s notional taxable income of the year of income is less than $50,000. Recognised medium credit union in relation to a year of income (2) For the purposes of this Act, a credit union is a recognised medium credit union in relation to a year of income if: (a) the year of income is the 1994 ‑ 95 year of income or a later year of income; and (b) the credit union is not a recognised small credit union in relation to the year of income; and (c) the credit union’s notional taxable income of the year of income is less than $150,000. Recognised large credit union in relation to a year of income (3) For the purposes of this Act, a credit union is a recognised large credit union in relation to a year of income if: (a) the year of income is the 1994 ‑ 95 year of income or a later year of income; and (b) the credit union is neither: (i) a recognised small credit union in relation to the year of income; nor (ii) a recognised medium credit union in relation to the year of income. Designated credit union (4) For the purposes of this section, a credit union is a designated credit union if: (a) it was in existence on 1 July 1993; and (b) assuming that its accounts for the last accounting period that ended before 1 July 1993 had been prepared in accordance with generally accepted accounting principles—the amount that would have been shown in those accounts as the gross value of its assets as at the end of that accounting period is more than $30 million. Notional taxable income (5) For the purposes of this section, the notional taxable income of a credit union of a year of income is the amount that would be its taxable income of the year of income if: (a) section 23G did not apply to income derived by it in the 1994 ‑ 95 year of income or any later year of income; and (b) Division 9 of Part III had not been enacted. Definitions (6) In this section: accounting period , in relation to a credit union, means a period at the end of which the balance of its accounts is struck. accounts , in relation to a credit union, means accounts prepared for the purposes of reporting annually to the shareholders in the credit union. credit union means a credit union as defined in section 23G, except a life assurance company.

Amendment history: Inserted by No 57 of 1993, item 29, effective s 13–34: 27 Oct 1993 (s 2) | Amended by No 181 of 1994, Sch 1 item 89, effective Sch 1 (items 1–21, 86–91), Sch 2 (items 5–23, 23 (2nd occurring)), Sch 3 (items 6–100), Sch 4 (items 9–23) and Sch 5 (items 25–30, 46(10)): 19 Dec 1994 (s 2(1)) Sch 1 (items 22–85): 13 Oct 1994 (s 2(2)) | Amended by No 101 of 2004, effective s 4, Sch 1 (items 1, 4), Sch 8, Sch 10 (items 1–6) and Sch 11 (items 161, 162): 30 June 2004 (s 2(1) items 1, 2, 9, 10, 18) Sch 11 (items 1, 2): 16 July 1999 (s 2(1) item 11) Sch 11 (items 17–34, 38–43): 30 June 2000 (s 2(1) item 13) Sch 11 (items 44–46, 49–51, 60–87, 101–127): 1 July 2000 (s 2(1) item 14) Sch 11 (items 131–140): 1 July 2001 (s 2(1) item 16)

s 7B — Application of the Criminal Code

Chapter 2 of the Criminal Code applies to all offences against this Act. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

Amendment history: Inserted by No 146 of 2001, effective Sch 4 (items 41–91): 15 Dec 2001 (s 2(1))

s 8 — Commissioner

The Commissioner shall have the general administration of this Act. Note: An effect of this provision is that people who acquire information under this Act are subject to the confidentiality obligations and exceptions in Division 355 in Schedule 1 to the Taxation Administration Act 1953 .

Amendment history: Repealed and substituted by No 1 of 1953, Sch 1 item 6D | Sch 1 item 17 | Sch 1 item 357 | Sch 1 item 18 | Sch 1 item 20, effective First Sch: 1 Apr 1953 | Amended by No 145 of 2010, Sch 2 item 28 | Sch 2 item 31 | Sch 2 item 87 | Sch 2 item 88 | Sch 2 item 89 | Sch 2 item 119, effective Sch 2 (items 31–33) and Sch 3 (items 1–6): 17 Dec 2010 (s 2(1) item 2)

s 14 — Annual report

(1) The Commissioner shall, as soon as practicable after 30 June in each year, prepare and furnish to the Minister a report on the working of this Act, including any breaches or evasions of this Act of which the Commissioner has notice. (2) The Minister shall cause a copy of a report furnished to him or her under subsection (1) to be laid before each House of the Parliament within 15 sitting days of that House after the day on which he or she receives the report. (3) For the purposes of section 34C of the Acts Interpretation Act 1901 , a report that is required by subsection (1) to be furnished as soon as practicable after 30 June in a year shall be taken to be a periodic report relating to the working of this Act during the year ending on that 30 June.

Amendment history: Repealed and substituted by No 39 of 1983, Sch 1 item 7, effective s 7(1) and Sch 1: 18 July 1983 (s 2(1), (11)(b)) Sch 1: (amdt to s 221ZC(5)(b)(i) Income Tax Assessment Act 1936): 13 Dec 1982 (s 2(11)(a)) | Amended by No 123 of 1984, item 327 | Sch 16 item 31 | Sch 16 item 94 | Sch 16 item 172 | Sch 16 item 304 | Sch 16 item 326 | Sch 16 item 327 | Sch 1 item 385 | Sch 2 item 385 | Sch 9 item 385 | Sch 16 item 385, effective s 91–166 and 385: 14 Dec 1984 (s 2(3)) | Amended by No 41 of 2011, Sch 5 item 182 | Sch 5 item 183, effective Sch 5 (items 15–17): 28 June 2011 (s 2(1) item 11) Sch 5 (items 57–73, 79, 176–367, 376–382, 412, 413): 27 June 2011 (s 2(1) items 17, 23)

s 18 — Accounting period

Any person may, with the leave of the Commissioner, adopt an accounting period being the 12 months ending on some date other than 30 June. For the purposes of this Act, the person’s accounting period in each succeeding year shall end on the corresponding date of that year, unless: (a) with the leave of the Commissioner some other date is adopted; or (b) the accounting period ends earlier under section 18A.

Amendment history: Amended by No 108 of 1981, item 27, effective s 4–25: 24 June 1981 (s 2) | Amended by No 39 of 1997, Sch 4 item 7, effective Sch 1: 1 July 1997 (s 2) | Amended by No 136 of 2002, Sch 2 item 11 | Sch 2 item 12 | Sch 2 item 19 | Sch 2 item 21 | Sch 2 item 25, effective Sch 2 (items 1–17, 28): 19 Dec 2002 (s 2(1) item 6) | Amended by No 101 of 2006, Sch 2 item 154 | Sch 2 item 155 | Sch 2 item 341 | Sch 2 item 12 | Sch 2 item 14 | Sch 2 item 960 | Sch 2 item 1051 | Sch 5 item 11 | Sch 5 item 104 | Sch 5 item 105, effective Sch 1 (items 1, 5–199), Sch 2 (items 118–565, 1017, 1023–1037) and Sch 6 (items 1–4, 6–15): 14 Sept 2006 (s 2(1) items 2, 4) Sch 3 (items 1–10) and Sch 4 (items 1–11): 1 Jan 2008 (s 2(1) item 3)

s 18A — Accounting periods for VCLPs, ESVCLPs, AFOFs and VCMPs

(1) If a partnership becomes, or ceases to be, a VCLP, an ESVCLP, an AFOF or a VCMP on a particular day: (a) the accounting period during which that day occurs (the first accounting period ) is taken to have ended immediately before that day; and (b) another accounting period is taken to have commenced at the beginning of that day. The other accounting period ends on the day on which the first accounting period would have ended if this section did not apply. Example: A partnership whose accounting periods ended on 30 June becomes a VCLP, an ESVCLP on 1 October 2002, and ceases to be a VCLP, an ESVCLP on 1 April 2003. The effect of becoming a VCLP, an ESVCLP: the accounting period that commenced on 1 July 2002 is taken under this section to end on 30 September 2002, and a second accounting period commences on 1 October 2002. The second accounting period is scheduled to end on 30 June 2003. The effect of ceasing to be a VCLP, an ESVCLP: the second accounting period is now taken under this section to end on 31 March 2003, and a third accounting period commences on 1 April 2003. The third accounting period is to end on 30 June 2003. (2) This section does not apply in relation to a partnership becoming, or ceasing to be, a VCLP, an ESVCLP, an AFOF or a VCMP on the day on which an accounting period commences.

Amendment history: Inserted by No 136 of 2002, Sch 2 item 8 | Sch 2 item 9 | Sch 2 item 10 | Sch 2 item 11 | Sch 2 item 17 | Sch 2 item 19 | Sch 2 item 21 | Sch 2 item 195 | Sch 2 item 24 | Sch 2 item 25, effective Sch 2 (items 1–17, 28): 19 Dec 2002 (s 2(1) item 6) | Amended by No 78 of 2007, Sch 8 item 87, effective s 4, Sch 3 (items 1–20), Sch 7 (items 1, 15) and Sch 8 (items 86–95): 21 June 2007 (s 2(1) items 1–3, 5, 6)

s 21 — Where consideration not in cash

(1) Where, upon any transaction, any consideration is paid or given otherwise than in cash, the money value of that consideration shall, for the purposes of this Act, be deemed to have been paid or given. (2) This section has effect subject to section 21A.

Amendment history: Amended by No 95 of 1988, item 12 | item 13, effective s 12–43, 44(b), 45–52, 54–58 and Sch: 24 Nov 1988 (s 2(1)) s 44(a) and 54(11): 16 Mar 1989 (s 2(2))

s 21A — Non ‑ cash business benefits

(1) For the purposes of this Act, in determining the income derived by a taxpayer, a non ‑ cash business benefit that is not convertible to cash shall be treated as if it were convertible to cash. (2) For the purposes of this Act, if a non ‑ cash business benefit (whether or not convertible to cash) is income derived by a taxpayer: (a) the benefit shall be brought into account at its arm’s length value reduced by the recipient’s contribution (if any); and (b) if the benefit is not convertible to cash—in determining the arm’s length value of the benefit, any conditions that would prevent or restrict the conversion of the benefit to cash shall be disregarded. (3) Where: (a) a non ‑ cash business benefit is income derived by a taxpayer in a year of income; and (b) if the taxpayer had, at the time the benefit was provided, incurred and paid unreimbursed expenditure in respect of the provision of the benefit equal to the amount of the arm’s length value of the benefit—a once ‑ only deduction would, or would but for Subdivisions F, GA and G of Division 3 of this Part, and Divisions 28 and 900 of the Income Tax Assessment Act 1997 , have been allowable to the taxpayer in respect of a percentage (in this subsection called the deductible percentage ) of the expenditure; the amount that, apart from this subsection, would be applicable under subsection (2) of this section in respect of the benefit shall be reduced by the deductible percentage. (4) Where: (a) a non ‑ cash business benefit is income derived by a taxpayer in a year of income; and (b) a percentage (in this subsection called the non ‑ deductible entertainment percentage ) of any expenditure incurred by the provider in respect of the provision of the benefit is non ‑ deductible entertainment expenditure; the amount that, apart from this subsection, would be applicable under subsection (2) in respect of the benefit shall be reduced by the non ‑ deductible entertainment percentage. (5) In this section: arm’s length value , in relation to a non ‑ cash business benefit, means: (a) the amount that the recipient could reasonably be expected to have been required to pay to obtain the benefit from the provider under a transaction where the parties to the transaction are dealing with each other at arm’s length in relation to the transaction; or (b) if such an amount cannot be practically determined—such amount as the Commissioner considers reasonable. income derived by a taxpayer means income derived by a taxpayer in carrying on a business for the purpose of gaining or producing assessable income. non ‑ cash business benefit means property or services provided after 31 August 1988: (a) wholly or partly in respect of a business relationship; or (b) wholly or partly for or in relation directly or indirectly to a business relationship. non ‑ deductible entertainment expenditure means expenditure to the extent to which: (a) section 32 ‑ 5 of the Income Tax Assessment Act 1997 applies to the expenditure; and (b) but for that section, the expenditure would be deductible under section 8 ‑ 1 of the Income Tax Assessment Act 1997 . provide : (a) in relation to property—includes dispose of (whether by assignment, declaration of trust or otherwise); and (b) in relation to services—includes allow, confer, give, grant or perform. recipient’s contribution , in relation to a non ‑ cash business benefit, means the amount of any consideration paid to the provider by the recipient in respect of the provision of the benefit, reduced by the amount of any reimbursement paid to the recipient in respect of that consideration. services includes any benefit, right (including a right in relation to, and an interest in, real or personal property), privilege or facility and, without limiting the generality of the foregoing, includes a right, benefit, privilege, service or facility that is, or is to be, provided under: (a) an arrangement for or in relation to: (i) the performance of work (including work of a professional nature), whether with or without the provision of property; (ii) the provision of, or of the use of facilities for, entertainment, recreation or instruction; or (iii) the conferring of rights, benefits or privileges for which remuneration is payable in the form of a royalty, tribute, levy or similar exaction; (b) a contract of insurance; or (c) an arrangement for or in relation to the lending of money. (6) Notwithstanding section 21, the consideration referred to in the definition of recipient’s contribution in subsection (5) of this section is consideration in money. (7) This section does not apply to an ESS interest (within the meaning of the Income Tax Assessment Act 1997 ) to which Subdivision 83A ‑ B or 83A ‑ C of that Act (about employee share schemes) applies.

Amendment history: Inserted by No 95 of 1988, item 12 | item 15 | item 25 | item 55, effective s 12–43, 44(b), 45–52, 54–58 and Sch: 24 Nov 1988 (s 2(1)) s 44(a) and 54(11): 16 Mar 1989 (s 2(2)) | Amended by No 30 of 1995, Sch 2 item 1, effective Sch 1 and 2: 7 Apr 1995 (s 2) | Amended by No 39 of 1997, Sch 4 item 9 | Sch 4 item 10, effective Sch 1: 1 July 1997 (s 2) | Amended by No 121 of 1997, Sch 10 item 12 | Sch 10 item 13, effective s 4: 8 July 1997 (s 2(1)) Sch 2 (items 18–37), Sch 3 (items 31–61), Sch 4 (items 63–138), Sch 5 (items 43–93), Sch 6 (items 68–132), Sch 7 (items 5–7), Sch 8 (items 32–51), Sch 9 (items 16–40), Sch 10 (items 12–15), Sch 11 (items 37–57) and Sch 12 (items 15–23): 1 July 1997 (s 2(3), (5)) | Amended by No 133 of 2009, Sch 1 item 11, effective Sch 1 (items 9–20, 86, 87): 14 Dec 2009 (s 2(1) item 2) | Amended by No 75 of 2010, Sch 1 item 5, effective Sch 1 (items 1–33, 35) and Sch 6 (items 2–6): 29 June 2010 (s 2(1) item 2) Sch 2 (items 1, 2, 25): 1 July 2010 (s 2(1) item 3) Sch 5 (items 2–6): 28 June 2010 (s 2(1) item 7) | Amended by No 84 of 2022, Sch 3 item 18 | Sch 3 item 19, effective Sch 3 (items 18–27, 33): 1 Jan 2023 (s 2(1) item 2)

s 23AA — Income of persons connected with certain projects of United States Government

(1) In this section, unless the contrary intention appears: approved project means the establishment, maintenance or operation of the North West Cape naval communication station, of the Joint Defence Space Research Facility, of the Sparta project, of the Joint Defence Space Communications Station or of a Force Posture Initiative. civilian accompanying the United States Forces means a person (not being a member of the United States Forces, an Australian citizen or a person ordinarily resident in Australia) who: (a) is an employee: (i) of the United States Forces; or (ii) of, or of a body conducting, a club or other facility established for the benefit or welfare of members of the United States Forces or of persons accompanying those Forces and which is recognized by the Government of the United States of America as a non ‑ appropriated fund activity; or (b) is serving with an organization that, with the approval of the Government of the Commonwealth, accompanies the United States Forces in Australia. dependant , in relation to a person, means: (a) the spouse of that person; or (b) a relative, other than the spouse, of that person who is wholly or mainly dependent for support on that person; but, in the case of a person who, immediately before becoming such a spouse or relative, was ordinarily resident in Australia, does not include that person so long as that person continues to be ordinarily resident in Australia. Force Posture Agreement means the Force Posture Agreement between the Government of Australia and the Government of the United States of America done at Sydney on 12 August 2014, as amended and in force for Australia from time to time. Note: The Treaty could in 2014 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au). Force Posture Initiative has the same meaning as in the Force Posture Agreement. Note: As well as some announced initiatives, this includes future initiatives that Australia and the United States mutually decide to be Force Posture Initiatives for the purposes of that Agreement. foreign contractor means a person who is a party to a prescribed contract and is not: (a) a company incorporated in Australia; (b) an Australian citizen; or (c) a person, other than a company, who is ordinarily resident in Australia. foreign employee means a person who: (a) is an employee of a foreign contractor; or (b) is a director of a company that is a foreign contractor; and is not an Australian citizen or ordinarily resident in Australia. prescribed contract means: (a) a contract to which the Government of the United States of America is a party in connexion with an approved project; or (b) a contract made for purposes connected with the performance of a contract referred to in paragraph (a). prescribed purposes means: (a) in relation to a foreign contractor or foreign employee—purposes relating to the performance of a prescribed contract; (aa) in relation to a United States employee—purposes relating to an approved project; and (b) in relation to a member of the United States Forces or a civilian accompanying the United States Forces—purposes relating to the carrying on of activities agreed upon between the Government of the Commonwealth and the Government of the United States of America. the Joint Defence Space Communications Station means the undertaking the establishment of which is provided for by an agreement dated 10 November 1969 between the Government of the Commonwealth and the Government of the United States of America. the Joint Defence Space Research Facility means the undertaking the establishment of which is provided for by an agreement dated 9 December 1966 between the Government of the Commonwealth and the Government of the United States of America. the North West Cape naval communication station means the naval communication station the establishment of which is provided for by the agreement approved by the United States Naval Communication Station Agreement Act 1963 . the Sparta project means the undertaking the establishment of which is provided for by a memorandum of arrangement dated 30 March 1966 between the Government of the Commonwealth, the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the United States of America. the United States Forces means the armed forces of the Government of the United States of America. United States employee means a person who is employed by the Government of the United States of America and is not: (a) a member of the United States Forces; (b) a civilian accompanying the United States Forces; (c) an Australian citizen; or (d) a person ordinarily resident in Australia. (2) For the purposes of this section, a foreign contractor, foreign employee or United States employee who is in Australia, or is carrying on business in Australia, solely for prescribed purposes does not cease to be in Australia solely for those purposes, or to be carrying on business in Australia solely for those purposes, by reason of anything undertaken or done by him or her in connexion with an undertaking in Australia of the Government of the United States of America, other than an approved project, agreed upon between the Government of the Commonwealth and the Government of the United States of America. (3) Where a person: (a) has been in Australia, or has carried on business in Australia, solely for prescribed purposes during a period when the person was a foreign contractor or foreign employee; (b) has been in Australia solely for prescribed purposes during a period when the person was a member of the United States Forces, a civilian accompanying the United States Forces or a United States employee; or (c) has been in Australia during a period when the person was a dependant of such a contractor, employee, member or civilian who was in Australia solely for prescribed purposes; that person shall, for the purposes of the provisions of this Act other than Subdivision A of Division 17, be deemed not to have been a resident of Australia during that period, and the presence of that person in Australia during that period shall be disregarded in determining, for the purposes of those provisions, whether the person was a resident of Australia at any other time. (4) Subsection (3) does not apply in respect of, or of a part of, a period when a person was, or was a dependant of, a foreign contractor, a foreign employee, a civilian accompanying the United States Forces or a United States employee if the person: (a) being a company—was not a domestic corporation for the purposes of the law of the United States of America relating to income tax; or (b) not being a company—was not a resident of the United States of America for the purposes of that law or a citizen of the United States of America; during that period or that part of that period, as the case may be. (5) Where: (a) a foreign contractor or a foreign employee has derived income wholly and exclusively from, or from employment in connexion with, the performance in Australia of a prescribed contract; (b) the income is not exempt from income tax imposed by Chapter One of Subtitle A of the Internal Revenue Code of 1986 of the United States of America; and (c) the foreign contractor or foreign employee was, at the time the income was derived, in Australia, or carrying on business in Australia, solely for prescribed purposes; the income shall, for the purposes of this Act, be deemed to have been derived from sources out of Australia. (6) Where: (a) a person has derived income in respect of service as a civilian accompanying the United States Forces or as a United States employee during a period when the person was in Australia solely for prescribed purposes; and (b) the income is not exempt from income tax imposed by Chapter One of Subtitle A of the Internal Revenue Code of 1986 of the United States of America; the income shall, for the purposes of this Act, be deemed to have been derived from sources out of Australia.

Amendment history: Inserted by No 69 of 1963, effective s 3, 4, 6(b), (c) and 7–56: 31 Oct 1963 (s 2(1)) s 5: 9 May 1963 (s 2(2)) s 6(a): 12 Dec 1957 (s 2(3)) | Amended by No 38 of 1967, effective s 3–16: 25 May 1967 (s 2) | Amended by No 93 of 1971, effective s 3–9: 12 Nov 1971 (s 2) | Amended by No 51 of 1973, effective s 25(1): 25 June 1968 (s 25(2)) Remainder: 14 June 1973 (s 2) | Amended by No 216 of 1973, effective Sch 1: 31 Dec 1973 (s 2) | Amended by No 20 of 1974, effective Sch 1: 31 Dec 1973 (s 2) | Amended by No 117 of 1975, item 4, effective s 3–11(1)(b) and (d)–34: 11 Nov 1975 (s 2(1)) s 11(1)(c): 9 Feb 1976 (s 2(2)) s 30: never commenced (s 2(3)) | Amended by No 108 of 1981, effective s 4–25: 24 June 1981 (s 2) | Amended by No 82 of 1994, Sch 4 item 121, effective s 8–43, 47–71, 80–83, 93–112, 114–119, 122, 128–134: 23 June 1994 (s 2(1)) s 7, 120 and 121: 22 Oct 1986 (s 2(2)) s 44–46: 9 June 1993 (s 2(3)) s 72–79: 1 Jan 1993 (s 2(4)) s 84–92: 30 June 1992 (s 2(5)) s 113: 21Dec 1992 (s 2(6)) s 123–127): 24 Dec 1992 (s 2(7)) | Amended by No 41 of 2011, Sch 5 item 184, effective Sch 5 (items 15–17): 28 June 2011 (s 2(1) item 11) Sch 5 (items 57–73, 79, 176–367, 376–382, 412, 413): 27 June 2011 (s 2(1) items 17, 23) | Amended by No 133 of 2014, Sch 3 item 1 | Sch 3 item 2, effective Sch 1 (items 2, 3, 39) and Sch 3: 12 Dec 2014 (s 2(1) item 2) | Amended by No 2 of 2015, Sch 4 item 12, effective Sch 2 (items 73, 100–110) and Sch 4 (items 9–23, 79): 25 Feb 2015 (s 2(1) items 5, 6) Sch 2 (items 24–28): 1 July 2015 (s 2(1) item 4)

s 23AB — Income of certain persons serving with an armed force under the control of the United Nations

(1) In this section: prescribed taxpayer means a taxpayer who, being a resident of Australia, is, or is included in a class of persons that is, prescribed by the regulations for the purposes of this section. tax deductions unapplied , in relation to a deceased person, means any amounts withheld under Part 2 ‑ 5 in Schedule 1 to the Taxation Administration Act 1953 from work and income support related withholding payments and benefits derived by the deceased person in respect of United Nations service: (a) that have not been credited in payment of income tax; and (b) in respect of which a payment has not been made by the Commissioner. the prescribed area has the same meaning as in section 79A. United Nations service means service, other than service as a member of the Defence Force, performed, at the direction or with the approval of the Commonwealth, outside Australia with an armed force under the control of the United Nations, at a time when the person performing the service was a prescribed taxpayer. (2) The regulations may prescribe a person or a class of persons for the purposes of this section but shall not so prescribe a person or class of persons unless the salary, wages and allowances received by the person or by all the persons in that class, as the case may be, in respect of his, her or their United Nations service are paid, given or granted by the Commonwealth or by the United Nations for and on behalf of the Commonwealth. (3) A succeeding provision of this section does not apply in relation to a person if the regulations provide that that provision does not apply in relation to that person or in relation to a class of persons in which that person is included. (4) Subsection 12(2) (retrospective commencement of legislative instruments) of the Legislation Act 2003 does not apply to regulations made for the purposes of subsection (2) or (3) of this section. (5) Where: (a) a payment of compensation under the Safety, Rehabilitation and Compensation Act 1988 is made in respect of the incapacity, impairment or death of a taxpayer; and (b) the incapacity, impairment or death of the taxpayer resulted from an occurrence that happened during the performance by the taxpayer of United Nations service; and (c) if the taxpayer had, at the time of the happening of the occurrence, been a member of the Defence Force rendering continuous full ‑ time service outside Australia while the taxpayer was allotted for duty in an operational area described in item 4, 5, 6, 7 8, 9, 10, 11, 12, 13 or 14 of Column 1 of Schedule 2 to the Veterans’ Entitlements Act 1986 , the Commonwealth would be liable to pay a pension under that Act in respect of the incapacity, impairment or death of the taxpayer; the payment of compensation is exempt from income tax. (6) For the purposes of section 15 ‑ 2 of the Income Tax Assessment Act 1997 , the total value of all allowances, gratuities, compensations, benefits, bonuses and premiums (in this subsection referred to as living allowances ) allowed, given or granted in meals, sustenance or the use of premises or quarters (including payment in lieu of one or more of those living allowances) to a taxpayer in respect of, or for or in relation directly or indirectly to, United Nations service shall be deemed to be an amount calculated at the rate of $2 for each week of that service in which any of those living allowances were so allowed, given or granted, or in which payment in lieu of any of those living allowances was made, to the taxpayer. (7) Subject to subsections (8), (8A) and (9A) and subsection 79B(4), a taxpayer is entitled to a rebate of tax in his or her assessment in respect of income of a year of income in which he or she has performed United Nations service and derived income by way of salary, wages or other allowances in respect of that service. The amount of the rebate is: (a) where the total period of that service performed by the taxpayer during the year of income is more than one ‑ half of the year of income or where the taxpayer dies while performing that service during the year of income—an amount equal to the sum of: (i) $338; and (ii) the amount worked out using subsection (7A); or (b) in any other case—such amount as, in the opinion of the Commissioner, is reasonable in the circumstances, being an amount not greater than the amount of the rebate to which the taxpayer would have been entitled under this subsection if paragraph (a) had applied to him or her in respect of the year of income. (7A) For the purposes of subparagraph (7)(a)(ii), the amount is equal to 50% of the sum of the following rebates (if any) in respect of the year of income: (a) any tax offset to which the taxpayer is entitled under Subdivision 61 ‑ A of the Income Tax Assessment Act 1997 ; (b) any notional tax offset to which the taxpayer is entitled under Subdivision 961 ‑ A of the Income Tax Assessment Act 1997 . (8) For the purposes of subsection (7), but subject to subsection (8A), the total period of United Nations service of a taxpayer in any year of income shall be deemed to include any period in that year of income during which the taxpayer has resided, or has actually been, in the prescribed area. (8A) For the purposes of subsection (7), United Nations service does not include any period of service of the taxpayer in respect of which an exemption from income tax applies under section 23AG. (9) Where a rebate is allowable under subsection (7) in the assessment of a taxpayer in respect of income of a year of income and, but for this subsection, a rebate of a lesser amount would be allowable in that assessment under section 79A, a rebate under section 79A is not allowable in that assessment. (9A) Where a rebate is allowable under section 79A in the assessment of a taxpayer in respect of income of a year of income and, but for this subsection, a rebate of the same or a lesser amount would be allowable in that assessment under subsection (7), a rebate under subsection (7) is not allowable in that assessment. (9B) Subsection 79B(4) shall be disregarded in determining for the purposes of subsections (9) and (9A) of this section the amount of a rebate allowable to a taxpayer under subsection (7) of this section or under section 79A. (10) Where: (a) the trustee of the estate of a deceased person who has performed United Nations service is liable to pay income tax, in respect of a year of income, upon income that consists of or includes salary, wages or allowances derived by the deceased person in respect of that service; or (b) the death of the person resulted from an occurrence that happened during that service; and (c) if the person had, at the time of the happening of the occurrence, been a member of the Defence Force rendering continuous full ‑ time service outside Australia while the taxpayer was allotted for duty in an operational area described in item 4, 5, 6, 7 or 8 of Column 1 of Schedule 2 to the Veterans’ Entitlements Act 1986 , the Commonwealth would be liable to pay a pension under that Act in respect of the death of the person; the trustee is, by force of this subsection, released from the payment of so much of that tax as remains after deducting any tax deductions unapplied: (d) if the assessable income of the deceased person of the year of income consists solely of the salary, wages or allowances derived in respect of that service—from the amount of income tax so payable by the trustee; or (e) if the assessable income of the deceased person of the year of income includes income other than the salary, wages or allowances derived in respect of that service: (i) from the amount of income tax so payable by the trustee; or (ii) from the amount by which the income tax payable in respect of the income of the year of income has been increased by the inclusion of the salary, wages or allowances so derived in the assessable income of the deceased person of the year of income; whichever is the less. (11) Nothing in subsection (10) shall be construed as authorizing or requiring the Commissioner to refund any amount paid as or for income tax by or on behalf of the deceased person or the trustee of his or her estate.

Amendment history: Inserted by No 68 of 1964, effective s 3–10: 20 Oct 1964 (s 2(1)) | Amended by No 143 of 1965, effective 14 Feb 1966 (s 2) | Amended by No 51 of 1973, effective s 25(1): 25 June 1968 (s 25(2)) Remainder: 14 June 1973 (s 2) | Amended by No 216 of 1973, effective Sch 1: 31 Dec 1973 (s 2) | Amended by No 20 of 1974, effective Sch 1: 31 Dec 1973 (s 2) | Amended by No 117 of 1975, item 22 | item 27, effective s 3–11(1)(b) and (d)–34: 11 Nov 1975 (s 2(1)) s 11(1)(c): 9 Feb 1976 (s 2(2)) s 30: never commenced (s 2(3)) | Amended by No 56 of 1976, effective s 3–18: 4 June 1976 (s 2) | Amended by No 108 of 1981, effective s 4–25: 24 June 1981 (s 2) | Amended by No 29 of 1982, item 11, effective s 3–24: 17 May 1982 (s 2(1)) | Amended by No 124 of 1984, effective s 3(b): 1 July 1984 (s 2(2)) Remainder: 19 Oct 1984 (s 2(1)) | Amended by No 173 of 1985, item 4, effective s 4, 5(3), 17 and 20–22: 22 May 1986 (s 2(4)) s 5(1): 6 June 1985 (s 2(2)) s 5(2): 1 Nov 1985 (s 2(3)) s 6–12, 14–16, 18, 19, 23, 24: 16 Dec 1985 (s 2(1)) s 13: never commenced (s 2(4)) | Amended by No 49 of 1986, effective s 4–29: 24 June 1986 (s 2(1)) | Amended by No 75 of 1988, effective Sch: 1 Dec 1988 (s 2(2) and gaz 1988, No S196) | Amended by No 78 of 1988, item 11, effective s 8–13, 14(1), 16–36, 38, 55(1)–(14), 56, 57 and Sch: 24 June 1988 (s 2(1)) s 14(2): 1 July 1988 (s 2(2)) s 15: 22 Dec 1986 (s 2(3)) s 37, 39–53 and 55(15)–(25):1 Nov 1988 (s 2(4) and gaz 1988, No S331) | Amended by No 208 of 1991, Sch 2 item 21, effective Sch: 24 Dec 1991 (s 2) | Amended by No 70 of 1992, Sch 2 item 5D, effective Sch (Pt 8): 20 Oct 1991 (s 2(12)) Sch (Pt 9): 1 July 1992 (s 2(13)) | Amended by No 224 of 1992, item 14, effective s 4–13, 14(1), 15(1), 16(1), 17(1) and 18–87: 24 Dec 1992 (s 2(1)) s 14(2), 15(2), 16(2) and 17(2): 1 July 1993 (s 2(1)) | Amended by No 18 of 1993, item 16, effective s 8–29, 54–57, 59 and Sch: 9 June 1993 (s 2(1)) s 30–53: 1 Jan 1993 (s 2(2)) | Amended by No 27 of 1993, Sch 2 item 17, effective s 3 and 17: 9 June 1993 (s 2(1)) | Amended by No 138 of 1994, item 52, effective s 4, 5, 8–10, 14–16, 21–24, 27–33, 44–92, 99–116 and Sch: 28 Nov 1994 (s 2(1)) s 11–13, 17–20, 25, 26 and 34–43: 1 Jan 1993 (s 2(2)) s 93–98: 28 Nov 1994 (s 2(3)) | Amended by No 82 of 1999, Sch 9 item 6, effective Sch 8 (items 1–25, 29): 1 July 2000 (s 2(2)) | Amended by No 179 of 1999, Sch 18 item 360 | Sch 18 item 17 | Sch 18 item 18, effective Sch 2 (items 20–47), Sch 3 (items 3–6), Sch 5 (item 74), Sch 6 (items 1–13, 24(1)–(4)), Sch 10 (items 22–24), Sch 11 (item 44), Sch 16 (items 3–17, 37) and Sch 17 (items 1, 2): 22 Dec 1999 (s 2(1), (4), (7)(b)–(d)) Sch 5 (items 1–64), Sch 11 (items 14–43, 45–79) and Sch 12 (item 3): 1 July 2000 (s 2(9), (12)) | Amended by No 45 of 2000, Sch 4 item 14, effective Sch 4 (items 11–28): 1 July 2000 (s 2(10), (11) Sch 4 (item 29): 3 May 2000 (s 2(1)) | Amended by No 101 of 2004, effective s 4, Sch 1 (items 1, 4), Sch 8, Sch 10 (items 1–6) and Sch 11 (items 161, 162): 30 June 2004 (s 2(1) items 1, 2, 9, 10, 18) Sch 11 (items 1, 2): 16 July 1999 (s 2(1) item 11) Sch 11 (items 17–34, 38–43): 30 June 2000 (s 2(1) item 13) Sch 11 (items 44–46, 49–51, 60–87, 101–127): 1 July 2000 (s 2(1) item 14) Sch 11 (items 131–140): 1 July 2001 (s 2(1) item 16) | Amended by No 101 of 2006, Sch 1 item 41 | Sch 1 item 42 | Sch 2 item 156 | Sch 2 item 157 | Sch 2 item 158 | Sch 2 item 398, effective Sch 1 (items 1, 5–199), Sch 2 (items 118–565, 1017, 1023–1037) and Sch 6 (items 1–4, 6–15): 14 Sept 2006 (s 2(1) items 2, 4) Sch 3 (items 1–10) and Sch 4 (items 1–11): 1 Jan 2008 (s 2(1) item 3) | Amended by No 75 of 2007, effective Sch 1 (items 1–13): 21 June 2007 (s 2) | Amended by No 14 of 2009, Sch 4 item 6, effective Sch 4 (items 6–10): 26 Mar 2009 (s 2(1) item 2) Sch 5 (items 1, 14(1)): 29 Jan 2009 (s 2(1) items 3, 7) Sch 5 (item 4): never commenced (s 2(1) item 4) | Amended by No 105 of 2010, effective Sch 1 (items 37–52) and Sch 2 (items 1, 2): 1 Oct 2010 (s 2(1) items 9–11, 14) | Amended by No 41 of 2011, Sch 5 item 3 | Sch 5 item 56 | Sch 5 item 57 | Sch 5 item 58 | Sch 5 item 59 | Sch 5 item 60 | Sch 5 item 186 | Sch 5 item 187 | Sch 5 item 188 | Sch 5 item 189 | Sch 5 item 190, effective Sch 5 (items 15–17): 28 June 2011 (s 2(1) item 11) Sch 5 (items 57–73, 79, 176–367, 376–382, 412, 413): 27 June 2011 (s 2(1) items 17, 23) | Amended by No 62 of 2011, Sch 4 item 2 | Sch 4 item 3 | Sch 4 item 14, effective Sch 1 (items 4, 5, 14), Sch 2 (items 1–7, 28–44, 51) and Sch 4 (items 1–32, 34): 29 June 2011 (s 2(1) items 2, 6) | Amended by No 71 of 2012, effective Sch 4: 27 June 2012 (s 2(1) item 5) | Amended by No 70 of 2015, Sch 2 item 2 | Sch 2 item 3 | Sch 2 item 961, effective Sch 1 (items 47–64, 195–205): 1 July 2015 (s 2(1) items 3, 6) Sch 2 (items 1–16, 18–23, 38), Sch 3 and Sch 7 (items 2, 3, 11): 25 June 2015 (s 2(1) items 7, 20) | Amended by No 64 of 2020, Sch 3 item 204, effective Sch 1: 1 July 2020 (s 2(1) item 2) Sch 3 (items 203–227, 325, 326): 1 Oct 2020 (s 2(1) item 6)

s 23AD — Exemption of pay and allowances of Defence Force members performing certain overseas duty

Requirements for exemption (1) The pay and allowances earned by a person serving as a member of the Defence Force are exempt from tax if: (a) they are earned while there is in force a certificate in writing issued by the Chief of the Defence Force to the effect that the person is on eligible duty with a specified organisation in a specified area outside Australia; and (b) the eligible duty is not as, or under, an attaché at an Australian embassy or legation. Eligible duty (2) The regulations may declare that duty with a specified organisation, in a specified area outside Australia and after a specified day, is eligible duty for the purposes of this section. Where paragraph (1)(a) certificate in force (3) A certificate under paragraph (1)(a): (a) comes into force at the later of: (i) the time specified in the certificate (which may be before the time when it is issued, but not before the end of the specified day under the regulations); and (ii) the time when the person arrives for duty in the specified area concerned; and (b) subject to paragraph (c), continues in force until the earliest of: (i) the time of the person’s departure from the specified area; and (ii) the time when, in accordance with a certificate of revocation signed by the Chief of the Defence Force, it ceases to be in force; and (iii) any time prescribed by the regulations in relation to the eligible duty for the purposes of this subparagraph; and (c) is in force during any period of hospital treatment resulting from an illness contracted, or injuries sustained, during the person’s eligible duty. Review of paragraph (1)(a) certificate (4) An application may be made to the Tribunal for review of a decision of the Chief of the Defence Force under paragraph (1)(a). Delegation of paragraph (1)(a) power (5) The Chief of the Defence Force may, by signed instrument, delegate to an officer of the Defence Force the power conferred by paragraph (1)(a). Revocation certificate is legislative instrument (6) A certificate of revocation referred to in subparagraph (3)(b)(ii) is a legislative instrument.

Amendment history: Inserted by No 165 of 1973, effective s 3–36: 11 Dec 1973 (s 2) | Amended by No 56 of 1976, effective s 3–18: 4 June 1976 (s 2) | Amended by No 57 of 1977, effective s 3–15 and 18: 16 June 1977 (s 2(1)) s 16: 1 July 1976 (s 2(2)) | Amended by No 108 of 1981, effective s 4–25: 24 June 1981 (s 2) | Amended by No 106 of 1982, effective 30 Oct 1982 (s 2) | Amended by No 103 of 1983, effective s 3: 22 Dec 1983 (s 2(2)) Remainder: 23 Nov 1983 (s 2(1)) | Amended by No 14 of 1984, effective 12 Apr 1984 (s 2) | Amended by No 123 of 1984, effective s 91–166 and 385: 14 Dec 1984 (s 2(3)) | Amended by No 49 of 1985, Sch 2 item 43, effective s 4–36, 38, 39 and Sch: 30 May 1985 (s 2) | Amended by No 173 of 1985, item 5 | item 1940, effective s 4, 5(3), 17 and 20–22: 22 May 1986 (s 2(4)) s 5(1): 6 June 1985 (s 2(2)) s 5(2): 1 Nov 1985 (s 2(3)) s 6–12, 14–16, 18, 19, 23, 24: 16 Dec 1985 (s 2(1)) s 13: never commenced (s 2(4)) | Amended by No 49 of 1986, effective s 4–29: 24 June 1986 (s 2(1)) | Amended by No 154 of 1986, item 27, effective s 23–25, 26(a), 27, 29–39, 41–48, 49(1), (2), (4)–(6), (8)–(11) and 50: 18 Dec 1986 (s 2(1)) s 26(b), (c), 28, 40, 49(3) and (7): 1 Jan 1987 (s 2(4) and gaz 1986, No S650) | Amended by No 78 of 1988, item 12 | item 66, effective s 8–13, 14(1), 16–36, 38, 55(1)–(14), 56, 57 and Sch: 24 June 1988 (s 2(1)) s 14(2): 1 July 1988 (s 2(2)) s 15: 22 Dec 1986 (s 2(3)) s 37, 39–53 and 55(15)–(25):1 Nov 1988 (s 2(4) and gaz 1988, No S331) | Amended by No 95 of 1988, item 14, effective s 12–43, 44(b), 45–52, 54–58 and Sch: 24 Nov 1988 (s 2(1)) s 44(a) and 54(11): 16 Mar 1989 (s 2(2)) | Amended by No 20 of 1990, item 7, effective s 6–8, 9 (amdt to s 78(1)(a)(xcv) Income Tax Assessment Act 1936) and 10–50: 17 Jan 1990 (s 2(1)) s 9 (amdt to s 78(1)(a)(xcvi) Income Tax Assessment Act 1936): 10 Nov 1989 (s 2(2)) | Amended by No 35 of 1990, item 6, effective s 4–41: 7 June 1990 (s 2) | Amended by No 48 of 1991, item 10, effective s 9, 15, 33, 70 and 81–83: 8 Jan 1991 (s 2(2)) s 10–14, 16–31, 34(a), 35, 37–39, 41–51(1), 52–59(1), 60, 61,67, 68(1), 69, 71–80, 84(1)–(8), (10), (11), (13)–(17), 85, 86 and 88–90: 24 Apr 1991 (s 2(1)) s 32 and 84(9): 1 July 1991 (s 2(4)) s 34(b), 36, 40 and 87: 21 Aug 1990 (s 2(3)) s 51(2), 59(2), 62–66, 68(2) and 84(12): 25 Apr 1991 (s 2(5)) | Repealed by No 100 of 1991, item 17 | Sch 2 item 16 | Sch 2 item 17 | Sch 2 item 66, effective s 15–28, 30–32, 33(b), (e), (f), 34–76 and 79–84): 27 June 1991 (s 2(1)) s 29 and 77: 24 Apr 1991 (s 2(3), (6)) s 33(a): 16 June 1990 (s 2(4)) s 33(c) and (d): 30 June 1989 (s 2(5)) s 78: 8 Jan 1991 (s 2(7)) | Amended by No 216 of 1991, Sch 4 item 11, effective s 10, 12–39, 41, 43, 44, 67–81, 83–86, 89(1), (3)–(19), 91, 92, 102, 103 and Sch 1–4: 24 Dec 1991 (s 2(1)) s 11 and 89(2): 22 Jan 1991 (s 2(2)) s 40 and 42: 6 Jan 1992 (s 2(3)) s 45, 46, 48–51, 54–58, 60–66, 90(1), (3)–(14), 93–96 and 98–101: 21 Aug 1991 (s 2(4)) s 47, 52, 53, 59, 90(2) and 97: 3 pm (A.C.T) 20 Aug 1991 (s 2(5)) s 82(2): 25 Dec 1991 (s 2(6)) | Inserted by No 18 of 1993, effective s 8–29, 54–57, 59 and Sch: 9 June 1993 (s 2(1)) s 30–53: 1 Jan 1993 (s 2(2)) | Amended by No 58 of 2006, Sch 7 item 244, effective s 4 and Sch 7 (items 35–50, 241–256): 22 June 2006 (s 2(1) items 1, 6, 24) Sch 7 (items 173, 175): 30 June 2000 (s 2(1) items 9, 11) Sch 7 (item 174): 24 Oct 2002 (s 2(1) item 10) Sch 7 (items 176, 178): 30 June 2004 (s 2(1) items 12, 14) Sch 7 (item 177): 24 Dec 1992 (s 2(1) item 13)

s 23AF — Exemption of certain income derived in respect of approved overseas projects

(1) Where a taxpayer, being a natural person, has been engaged on qualifying service on a particular approved project for a continuous period of not less than 91 days, any eligible foreign remuneration derived by the person that is attributable to that qualifying service is exempt from tax. (3) Subject to subsections (4) and (5), a person shall be taken for the purposes of this section to be engaged on qualifying service on an approved project during any period during which: (a) the person is outside Australia and is engaged in the performance of personal services in connection with the approved project; (b) the person is travelling between Australia and the site of the approved project; (c) by reason of an incapacity for work due to accident or illness occurring while the person was, by virtue of paragraph (a) or (b), to be taken to be engaged on qualifying service on the approved project, the person is absent from work; or (d) the person is on eligible leave, being leave that accrued in respect of a period during which the person was, by virtue of any of the preceding paragraphs, to be taken to be engaged on qualifying service on the approved project. (4) A person shall not be taken to have been engaged on qualifying service on a particular approved project while the person was travelling between Australia and the site of the approved project unless the Commissioner is satisfied that the time taken for the journey is reasonable. (5) A person shall not be taken to have been engaged on qualifying service on a particular approved project by virtue of paragraph (3)(c) during a period of incapacity for work unless the person is taken to have been engaged on qualifying service on that approved project by virtue of paragraph (3)(a), (b) or (d) during a period that commenced immediately after the incapacity ceased. (6) Where: (a) a person was engaged on qualifying service on a particular approved project; and (b) due to unforeseen circumstances, the person ceased to be engaged on qualifying service on that approved project; the period during which the person is to be taken to have been engaged on qualifying service on that approved project shall, except for the purpose of determining whether income derived by the person is eligible foreign remuneration, be taken to include the additional period after the person ceased to be engaged on qualifying service on that approved project during which the person would, in the opinion of the Commissioner, have continued to be engaged on qualifying service on that approved project but for those unforeseen circumstances. (7) Where: (a) a person (in this subsection referred to as the original person ) was engaged on qualifying service on a particular approved project; (b) due to unforeseen circumstances, the original person ceased to be engaged on qualifying service on that approved project; and (c) as soon as practicable after the time when the original person ceased to be engaged on qualifying service on that approved project, another person (in this subsection referred to as the substituted person ) commenced to be engaged on qualifying service on that approved project in lieu of the original person; the period during which the substituted person is to be taken to have been engaged on qualifying service on that approved project shall, except for the purpose of determining whether income derived by the substituted person is eligible foreign remuneration, be taken to include a period that ended immediately before the substituted person commenced to be engaged on qualifying service on that approved project in lieu of the original person and was of the same duration as the continuous period during which the original person was, immediately before the original person ceased to be engaged on qualifying service on that approved project, taken to have been engaged on qualifying service on that approved project. (8) Where: (a) during the period (in this subsection referred to as the total project period ) commencing at the time when a person was first engaged on qualifying service on an approved project and ending at the time when the person was last engaged on qualifying service on that approved project, the person was in Australia during a period or periods (in this subsection referred to as the intervening period or intervening periods ) during which the person was not engaged on qualifying service on that approved project; (b) the total number of days in the intervening period or intervening periods does not exceed one ‑ sixth of the total number of days during the total project period during which the person was engaged on qualifying service on the approved project; and (c) at all times during the total project period, the person was engaged on qualifying service on the approved project or was in Australia; the periods during the total project period during which the person was engaged on qualifying service on the approved project shall together be taken to constitute a continuous period during which the person was engaged on qualifying service on the approved project. (9) Where, immediately before a person commences to take eligible leave, leave of the same kind as the eligible leave has accrued in relation to the person but has not been used and that unused leave consists of: (a) leave that accrued in respect of a period or periods when the person was engaged on qualifying service on an approved project and leave that accrued in respect of a period or periods when the person was not engaged on qualifying service on an approved project; (b) leave that accrued in respect of 2 or more periods when the person was engaged on qualifying service on 2 or more different approved projects; or (c) leave that accrued in respect of 2 or more periods when the person was engaged on qualifying service on 2 or more different approved projects and leave that accrued in respect of a period or periods when the person was not engaged on qualifying service on an approved project; the following provisions apply for the purposes of determining the extent to which the eligible leave taken by the person was eligible leave that accrued in respect of a period when the person was engaged on qualifying service on a particular approved project: (d) in a case to which paragraph (a) applies—the person shall be deemed first to have taken leave that accrued in respect of the period when the person was engaged on qualifying service on the approved project referred to in that paragraph; (e) in a case to which paragraph (b) applies—the leave shall be deemed to have been taken in the order that is reverse to the order in which it accrued; (f) in a case to which paragraph (c) applies: (i) the person shall be deemed not to have taken any of the leave that accrued in respect of a period or periods when the person was not engaged on qualifying service on an approved project until the person had taken leave for a number of days equal to the number of days of leave referred to in that paragraph that had accrued in respect of periods when the person was engaged on qualifying service on approved projects; and (ii) the leave that had accrued in respect of periods when the person was engaged in qualifying service on approved projects shall be deemed to have been taken by the person in the order that is reverse to the order in which that leave accrued. (10) Where the amount of income derived by a person that: (a) is attributable to qualifying service on an approved project; and (b) would, apart from this subsection, be eligible foreign remuneration; exceeds the amount of income that the Commissioner considers would be reasonable remuneration in respect of that qualifying service, the amount of the excess is not eligible foreign remuneration for the purposes of this section. (11) Where the Trade Minister is satisfied that the undertaking of an eligible project that was commenced, or is proposed to be commenced, after 19 August 1980 is, or will be, in the national interest, that Minister may, by writing signed by that Minister, approve that eligible project for the purposes of this section. (12) The Trade Minister may, either generally or as otherwise provided by the instrument of delegation, by writing signed by that Minister, delegate to a person that Minister’s power under subsection (11). (13) The power so delegated, when exercised by the delegate shall, for the purposes of this section, be deemed to have been exercised by the Trade Minister. (14) A delegation under subsection (12) does not prevent the exercise of a power by the Trade Minister. (15) Where: (a) a person has derived eligible foreign remuneration during a year of income; and (b) at the time of making an assessment in respect of income of the person of the year of income, the Commissioner is of the opinion that, at a later time, circumstances will exist by reason of which that eligible foreign remuneration will be exempt from tax by virtue of this section; the Commissioner may apply the provisions of this section as if those circumstances existed at the time of making the assessment. (16) Where, in the making of an assessment, this section has been applied on the basis that a circumstance that did not exist at the time of making the assessment would exist at a later time and the Commissioner, after making the assessment, becomes satisfied that that circumstance will not exist, then, notwithstanding anything contained in section 170, the Commissioner may amend the assessment at any time for the purposes of ensuring that this section shall be taken always to have applied on the basis that that circumstance did not exist. (17) For the purposes of this section, income is excluded income if: (a) the income is income to which section 23AG applies; or (aa) the income is a payment, consideration or amount that: (i) is included in assessable income under Division 82, section 83 ‑ 295 or Division 301, 302, 304 or 305 of the Income Tax Assessment Act 1997 ; or (ii) is included in assessable income under Division 82 of the Income Tax (Transitional Provisions) Act 1997 ; or (iii) is mentioned in paragraph 82 ‑ 135(e), (f), (g), (i) or (j) of the Income Tax Assessment Act 1997 ; or (iv) is an amount transferred to a fund, if the amount is included in the assessable income of the fund under section 295 ‑ 200 of the Income Tax Assessment Act 1997 ; or (b) the income is derived from sources in a country other than Australia and: (i) is exempt from income tax in that country; and (ii) would not be exempt from income tax in that country apart from the operation of an agreement applying to Australia and that other country relating to the avoidance of double taxation or of a law of that other country giving effect to such an agreement; or (c) the income consists of: (i) payments in lieu of long service leave; or (ii) payments by way of superannuation or pension. (17A) If the income of a taxpayer of a year of income consists of an amount that is exempt from tax under this section (in this section called the exempt amount ) and other income, the amount of tax (if any) payable in respect of the other income is calculated using the formula: where: Notional gross tax means the number of whole dollars in the amount of income tax that would be assessed under this Act in respect of the taxpayer’s taxable income of the year of income if: (a) the exempt amount were not exempt income; and (aa) if the exempt amount is a payment covered by section 83 ‑ 240 or 305 ‑ 65 of the Income Tax Assessment Act 1997 —the exempt amount (excluding any part of that amount that represented contributions made by the taxpayer) were assessable income of the taxpayer; and (b) the taxpayer were not entitled to any rebate of tax. Notional gross taxable income means the number of whole dollars in the amount that would have been the taxpayer’s taxable income of the year of income if the exempt amount were not exempt income. Other taxable income means the amount (if any) remaining after deducting from so much of the other income as is assessable income: (d) any deductions allowable to the taxpayer in relation to the year of income that relate exclusively to that assessable income; and (e) so much of any other deductions (other than apportionable deductions) allowable to the taxpayer in relation to the year of income as, in the opinion of the Commissioner, may appropriately be related to that assessable income; and (f) the amount calculated using the formula in subsection (17B). (17B) The formula referred to in paragraph (17A)(f) is: where: Apportionable deductions means the number of whole dollars in the apportionable deductions allowable to the taxpayer in relation to the year of income. Other taxable income means the amount that, apart from paragraph (17A)(f), would be represented by the component Other taxable income in subsection (17A). Notional gross taxable income means the number of whole dollars in the amount that would have been the taxpayer’s taxable income of the year of income if the exempt amount were not exempt income. (17C) Subsection (17A) applies to a taxpayer in respect of income of a year of income as if any payment covered by section 83 ‑ 240 or 305 ‑ 65 of the Income Tax Assessment Act 1997 in relation to qualifying service that was made in respect of the taxpayer during that year of income were income of the taxpayer of that year of income that is exempt from tax under this section. (18) In this section, unless the contrary intention appears: approved project means a project in respect of which there is in force an approval granted under subsection (11). eligible contractor means: (a) a resident of Australia; (b) the Commonwealth, a State, a Territory, the government of a country other than Australia or an authority of the Commonwealth, of a State, of a Territory or of the government of a country other than Australia; (c) an organization: (i) of which Australia and a country or countries other than Australia are members; or (ii) that is constituted by a person or persons representing Australia and a person or persons representing a country or countries other than Australia; or (d) an agency of an organization to which paragraph (c) applies. eligible foreign remuneration , in relation to a person, means income (not being excluded income) that is derived by the person at a time when the person is a resident, being: (a) income consisting of salary, wages, commission, bonuses or allowances, or of amounts included in a person’s assessable income under Division 83A of the Income Tax Assessment Act 1997 (about employee share schemes), derived by the person in his or her capacity as an employee of an eligible contractor; or (b) income, or amounts included in a person’s assessable income under that Division, derived by the person under a contract with an eligible contractor, being a contract that is wholly or substantially for the personal services of the person; that is directly attributable to qualifying service by the person on an approved project and includes any payments received in lieu of eligible leave that accrued in respect of a period during which the person was a resident and was engaged on qualifying service on an approved project. eligible leave means leave other than long service leave. eligible project means: (a) a project for the design, supply or installation of any equipment or facilities; or (b) a project for the construction of works; or (c) a project for the development of an urban area or a regional area; or (d) a project for the development of agriculture; or (e) a project consisting of giving advice or assistance relating to the management or administration of a government department or of a public utility; or (f) a project included in a class of projects approved in writing for the purposes of this section by the Trade Minister. employee includes: (a) a person employed by the Commonwealth, by a State, by a Territory, by the government of a country other than Australia or by an authority of the Commonwealth, of a State, of a Territory or of the government of a country other than Australia; and (b) a member of the Defence Force. long service leave means long leave, furlough, extended leave or leave of a similar kind (however described).

Amendment history: Inserted by No 133 of 1980, effective 19 Sept 1980 (s 2) | Amended by No 108 of 1981, effective s 4–25: 24 June 1981 (s 2) | Amended by No 123 of 1984, effective s 91–166 and 385: 14 Dec 1984 (s 2(3)) | Amended by No 51 of 1986, effective s 3–35: 22 July 1986 | Amended by No 100 of 1991, Sch 2 item 18, effective s 15–28, 30–32, 33(b), (e), (f), 34–76 and 79–84): 27 June 1991 (s 2(1)) s 29 and 77: 24 Apr 1991 (s 2(3), (6)) s 33(a): 16 June 1990 (s 2(4)) s 33(c) and (d): 30 June 1989 (s 2(5)) s 78: 8 Jan 1991 (s 2(7)) | Amended by No 216 of 1991, Sch 4 item 12, effective s 10, 12–39, 41, 43, 44, 67–81, 83–86, 89(1), (3)–(19), 91, 92, 102, 103 and Sch 1–4: 24 Dec 1991 (s 2(1)) s 11 and 89(2): 22 Jan 1991 (s 2(2)) s 40 and 42: 6 Jan 1992 (s 2(3)) s 45, 46, 48–51, 54–58, 60–66, 90(1), (3)–(14), 93–96 and 98–101: 21 Aug 1991 (s 2(4)) s 47, 52, 53, 59, 90(2) and 97: 3 pm (A.C.T) 20 Aug 1991 (s 2(5)) s 82(2): 25 Dec 1991 (s 2(6)) | Amended by No 181 of 1994, Sch 3 item 56 | Sch 3 item 57 | Sch 3 item 58 | Sch 3 item 59 | Sch 3 item 64, effective Sch 1 (items 1–21, 86–91), Sch 2 (items 5–23, 23 (2nd occurring)), Sch 3 (items 6–100), Sch 4 (items 9–23) and Sch 5 (items 25–30, 46(10)): 19 Dec 1994 (s 2(1)) Sch 1 (items 22–85): 13 Oct 1994 (s 2(2)) | Amended by No 39 of 1996, effective Sch 2: 9 Oct 1996 (s 2) | Amended by No 147 of 1997, Sch 3 item 1 | Sch 3 item 2, effective s 4, Sch 1 (items 1–43, 45), Sch 2 (item 1), Sch 3–5, Sch 6 (items 1–3, 5–9), Sch 8, Sch 10, Sch 13, Sch 14 (items 1–39, 41, 42), Sch 15 (items 1–6) and Sch 17: 14 Oct 1997 (s 2(1), (4)) Sch 6 (item 4) and Sch 14 (item 40): 1 July 1997 (s 2(2), (6A)) Sch 11 (items 1–12): 19 Dec 1996 (s 2(5)) | Amended by No 69 of 1999, Sch 2 item 1, effective Sch 2 (item 1) and Sch 3: 9 July 1999 (s 2) | Amended by No 83 of 1999, Sch 10 item 9 | Sch 10 item 10, effective Sch 10 (item 22): 10 Dec 1999 (s 2(6A)) Sch 10 (items 7–21, 23, 68): 1 July 2000 (s 2(2)) | Amended by No 64 of 2005, Sch 4 item 2 | Sch 4 item 3 | Sch 4 item 17, effective Sch 1 (items 1–6), Sch 3 (items 1–4) and Sch 4 (items 2–27, 38, 39): 26 June 2005 (s 2(1) items 2, 4) Sch 2 (items 1–9): 27 June 2005 (s 2(1) item 3) | Amended by No 15 of 2007, Sch 1 item 43 | Sch 1 item 44, effective Sch 1 (items 1–8, 22–149, 406(1)–(3)) and Sch 3 (items 6, 7): 15 Mar 2007 (s 2(1) items 2, 6) | Amended by No 88 of 2009, Sch 5 item 72 | Sch 5 item 73, effective s 4, Sch 1, Sch 3 (items 2–4), Sch 4 (items 1, 5) and Sch 5 (items 21–112, 306–318): 18 Sept 2009 (s 2(1) items 1, 2, 6, 7, 10) Sch 2 (items 2, 3): 1 Oct 2009 (s 2(1) item 3) | Amended by No 133 of 2009, Sch 1 item 12 | Sch 1 item 13, effective Sch 1 (items 9–20, 86, 87): 14 Dec 2009 (s 2(1) item 2) | Amended by No 41 of 2011, Sch 5 item 200 | Sch 5 item 201 | Sch 5 item 202 | Sch 5 item 203 | Sch 5 item 204, effective Sch 5 (items 15–17): 28 June 2011 (s 2(1) item 11) Sch 5 (items 57–73, 79, 176–367, 376–382, 412, 413): 27 June 2011 (s 2(1) items 17, 23)

s 23AG — Exemption of income earned in overseas employment

(1) Where a resident, being a natural person, has been engaged in foreign service for a continuous period of not less than 91 days, any foreign earnings derived by the person from that foreign service are exempt from tax. (1AA) However, those foreign earnings are not exempt from tax under this section unless the continuous period of foreign service is directly attributable to any of the following: (a) the delivery of Australian official development assistance by the person’s employer (except if that employer is an Australian government agency (within the meaning of the Income Tax Assessment Act 1997 )); (b) the activities of the person’s employer in operating a public fund that: (i) is covered by item 9.1.1 or 9.1.2 of the table in subsection 30 ‑ 80(1) of the Income Tax Assessment Act 1997 (international affairs deductible gift recipients); and (ii) meets the special conditions mentioned in that item; (c) the activities of the person’s employer, if the employer is exempt from income tax because of paragraph 50 ‑ 50(1)(c) or (d) of the Income Tax Assessment Act 1997 (prescribed institutions located or pursuing objectives outside Australia); (d) the person’s deployment outside Australia as a member of a disciplined force by: (i) the Commonwealth, a State or a Territory; or (ii) an authority of the Commonwealth, a State or a Territory; (e) an activity of a kind specified in the regulations. (1A) A person is taken, for the purposes of subsection (1), to have been engaged in foreign service for a continuous period of 91 days if: (a) the person died at a time when he or she was engaged in foreign service for a continuous period of less than 91 days; and (b) he or she would have otherwise continued to be engaged in the foreign service; and (c) his or her continuous period of engagement in the foreign service would have otherwise been a period of at least 91 days. (2) An amount of foreign earnings derived in a foreign country is not exempt from tax under this section if the amount is exempt from income tax in the foreign country only because of any of the following: (a) a law of the foreign country giving effect to a double tax agreement within the meaning of Part X; (b) a double tax agreement within the meaning of Part X; (c) provisions of a law of the foreign country under which income covered by any of the following categories is generally exempt from income tax: (i) income derived in the capacity of an employee; (ii) income from personal services; (iii) similar income; (d) the law of the foreign country does not provide for the imposition of income tax on one or more of the categories of income mentioned in paragraph (c); (e) a law of the foreign country corresponding to the International Organisations (Privileges and Immunities) Act 1963 or to the regulations under that Act; (f) an international agreement to which Australia is a party and that deals with: (i) diplomatic or consular privileges and immunities; or (ii) privileges and immunities in relation to persons connected with international organisations; (g) a law of the foreign country giving effect to an agreement covered by paragraph (f). (2A) Subsection (2) does not apply in relation to foreign earnings to the extent that the person derived them from foreign service in Iraq after 31 December 2002 but before 1 May 2004. (3) If the income of a taxpayer of a year of income consists of an amount that is exempt from tax under this section (in this section called the exempt amount ) and other income, the amount of tax (if any) payable in respect of the other income is calculated using the formula: where: Notional gross tax means the number of whole dollars in the amount of income tax that would be assessed under this Act in respect of the taxpayer’s taxable income of the year of income if: (a) the exempt amount were not exempt income; and (aa) if the exempt amount is a payment covered by section 83 ‑ 240 or 305 ‑ 65 of the Income Tax Assessment Act 1997 —the exempt amount (excluding any part of that amount that represented contributions made by the taxpayer) were assessable income of the taxpayer; and (b) the taxpayer were not entitled to any rebate of tax. Notional gross taxable income means the number of whole dollars in the amount that would have been the taxpayer’s taxable income of the year of income if the exempt amount were not exempt income. Other taxable income means the amount (if any) remaining after deducting from so much of the other income as is assessable income: (d) any deductions allowable to the taxpayer in relation to the year of income that relate exclusively to that assessable income; and (e) so much of any other deductions (other than apportionable deductions) allowable to the taxpayer in relation to the year of income as, in the opinion of the Commissioner, may appropriately be related to that assessable income; and (f) the amount calculated using the formula in subsection (4). (4) The formula referred to in paragraph (3)(f) is: where: Apportionable deductions means the number of whole dollars in the apportionable deductions allowable to the taxpayer in relation to the year of income. Other taxable income means the amount that, apart from paragraph (3)(f), would be represented by the component Other taxable income in subsection (3). Notional gross taxable income means the number of whole dollars in the amount that would have been the taxpayer’s taxable income of the year of income if the exempt amount were not exempt income. (5) Subsection (3) applies to a taxpayer in respect of income of a year of income as if any payment covered by section 83 ‑ 240 or 305 ‑ 65 of the Income Tax Assessment Act 1997 that related to the termination of employment that was made in respect of the taxpayer during that year of income were income of the taxpayer of that year of income that is exempt from tax under this section. (6) For the purposes of this section, a period during which a person is engaged in foreign service includes any period during which the person is, in accordance with the terms and conditions of that service: (a) absent on recreation leave, other than: (i) leave wholly or partly attributable to a period of service or employment other than that foreign service; (ii) long service leave, furlough, extended leave or leave of a similar kind (however described); or (iii) leave without pay or on reduced pay; or (b) absent from work because of accident or illness. (6A) 2 or more periods in which a person has been engaged in foreign service are together taken to constitute a continuous period of foreign service until: (a) the end of the last of the 2 or more periods; or (b) a time (if any), since the start of the first of the 2 or more periods, when the person’s total period of absence exceeds 1 / 6 of the person’s total period of foreign service; whichever happens sooner. Example: Kate is engaged in foreign service for 20 days, is absent for 2 days and is then engaged in foreign service for 10 days. These 2 periods of foreign service constitute a continuous period of foreign service, because the total period of absence is never more than 1 / 10 of the total period of foreign service. Kate is then absent for 5 days before commencing a further period of foreign service. No matter how long the further period lasts, it can never constitute a continuous period of foreign service with the first 2 periods of foreign service, because on the fourth day of the second absence the total period of absence is 1 / 5 of the total period of foreign service. (6B) In subsection (6A): total period of absence , in relation to a particular time, means the number of days, in the period starting at the start of the first of the 2 or more periods and ending at that time, for which the person was not engaged in foreign service. total period of foreign service , in relation to a particular time, means the number of days, in the period starting at the start of the first of the 2 or more periods and ending at that time, for which the person was engaged in foreign service. (6F) Where: (a) a person has derived foreign earnings during a year of income; and (b) at the time of making an assessment in respect of income of the person of the year of income, the Commissioner is of the opinion that, at a later time, circumstances will exist because of which those foreign earnings will be exempted from tax by this section; the Commissioner may apply the provisions of this section as if those circumstances existed at the time of making the assessment. (7) In this section: employee includes: (a) a person employed by a government or an authority of a government or by an international organisation; or (b) a member of a disciplined force. foreign earnings means income consisting of earnings, salary, wages, commission, bonuses or allowances, or of amounts included in a person’s assessable income under Division 83A of the Income Tax Assessment Act 1997 (about employee share schemes), but does not include any payment, consideration or amount that: (a) is included in assessable income under Division 82 or Subdivision 83 ‑ 295 or Division 301, 302, 304 or 305 of the Income Tax Assessment Act 1997 ; or (b) is included in assessable income under Division 82 of the Income Tax (Transitional Provisions) Act 1997 ; or (c) is mentioned in paragraph 82 ‑ 135(e), (f), (g), (i) or (j) of the Income Tax Assessment Act 1997 ; or (d) is an amount transferred to a fund, if the amount is included in the assessable income of the fund under section 295 ‑ 200 of the Income Tax Assessment Act 1997 . foreign service means service in a foreign country as the holder of an office or in the capacity of an employee. income tax , in relation to a foreign country: (a) in all cases—does not include a municipal income tax; and (b) in the case of a federal foreign country—does not include a State income tax.

Amendment history: Inserted by No 51 of 1986, effective s 3–35: 22 July 1986 | Amended by No 78 of 1988, item 13 | item 30, effective s 8–13, 14(1), 16–36, 38, 55(1)–(14), 56, 57 and Sch: 24 June 1988 (s 2(1)) s 14(2): 1 July 1988 (s 2(2)) s 15: 22 Dec 1986 (s 2(3)) s 37, 39–53 and 55(15)–(25):1 Nov 1988 (s 2(4) and gaz 1988, No S331) | Amended by No 100 of 1991, Sch 2 item 19, effective s 15–28, 30–32, 33(b), (e), (f), 34–76 and 79–84): 27 June 1991 (s 2(1)) s 29 and 77: 24 Apr 1991 (s 2(3), (6)) s 33(a): 16 June 1990 (s 2(4)) s 33(c) and (d): 30 June 1989 (s 2(5)) s 78: 8 Jan 1991 (s 2(7)) | Amended by No 216 of 1991, Sch 4 item 13, effective s 10, 12–39, 41, 43, 44, 67–81, 83–86, 89(1), (3)–(19), 91, 92, 102, 103 and Sch 1–4: 24 Dec 1991 (s 2(1)) s 11 and 89(2): 22 Jan 1991 (s 2(2)) s 40 and 42: 6 Jan 1992 (s 2(3)) s 45, 46, 48–51, 54–58, 60–66, 90(1), (3)–(14), 93–96 and 98–101: 21 Aug 1991 (s 2(4)) s 47, 52, 53, 59, 90(2) and 97: 3 pm (A.C.T) 20 Aug 1991 (s 2(5)) s 82(2): 25 Dec 1991 (s 2(6)) | Amended by No 181 of 1994, Sch 3 item 60 | Sch 3 item 61 | Sch 3 item 62 | Sch 3 item 64, effective Sch 1 (items 1–21, 86–91), Sch 2 (items 5–23, 23 (2nd occurring)), Sch 3 (items 6–100), Sch 4 (items 9–23) and Sch 5 (items 25–30, 46(10)): 19 Dec 1994 (s 2(1)) Sch 1 (items 22–85): 13 Oct 1994 (s 2(2)) | Amended by No 147 of 1997, Sch 3 item 3 | Sch 3 item 4, effective s 4, Sch 1 (items 1–43, 45), Sch 2 (item 1), Sch 3–5, Sch 6 (items 1–3, 5–9), Sch 8, Sch 10, Sch 13, Sch 14 (items 1–39, 41, 42), Sch 15 (items 1–6) and Sch 17: 14 Oct 1997 (s 2(1), (4)) Sch 6 (item 4) and Sch 14 (item 40): 1 July 1997 (s 2(2), (6A)) Sch 11 (items 1–12): 19 Dec 1996 (s 2(5)) | Amended by No 150 of 1997, Sch 2 item 3, effective Sch 2 (items 3–7): 17 Oct 1997 (s 2(1)) | Amended by No 69 of 1999, Sch 2 item 1, effective Sch 2 (item 1) and Sch 3: 9 July 1999 (s 2) | Amended by No 83 of 1999, Sch 10 item 12 | Sch 10 item 13, effective Sch 10 (item 22): 10 Dec 1999 (s 2(6A)) Sch 10 (items 7–21, 23, 68): 1 July 2000 (s 2(2)) | Amended by No 10 of 2003, Sch 1 item 37, effective s 4: 2 Apr 2003 (s 2(1) item 1) Sch 1 (items 34–52, 81): 20 May 2002 (s 2(1) item 2) | Amended by No 64 of 2005, Sch 4 item 4, effective Sch 1 (items 1–6), Sch 3 (items 1–4) and Sch 4 (items 2–27, 38, 39): 26 June 2005 (s 2(1) items 2, 4) Sch 2 (items 1–9): 27 June 2005 (s 2(1) item 3) | Amended by No 162 of 2005, Sch 1 item 1 | Sch 1 item 2 | Sch 1 item 4 | Sch 1 item 5, effective Sch 1, Sch 3 (items 8–15, 33) and Sch 5: 19 Dec 2005 (s 2(1) item 2) Sch 6 (items 14, 15): 1 July 2001 (s 2(1) item 6) | Amended by No 15 of 2007, Sch 1 item 45 | Sch 1 item 46 | Sch 1 item 47, effective Sch 1 (items 1–8, 22–149, 406(1)–(3)) and Sch 3 (items 6, 7): 15 Mar 2007 (s 2(1) items 2, 6) | Amended by No 14 of 2009, Sch 4 item 7, effective Sch 4 (items 6–10): 26 Mar 2009 (s 2(1) item 2) Sch 5 (items 1, 14(1)): 29 Jan 2009 (s 2(1) items 3, 7) Sch 5 (item 4): never commenced (s 2(1) item 4) | Amended by No 62 of 2009, Sch 1 item 1 | Sch 1 item 2, effective Sch 1: 29 June 2009 (s 2) | Amended by No 133 of 2009, Sch 1 item 14, effective Sch 1 (items 9–20, 86, 87): 14 Dec 2009 (s 2(1) item 2) | Amended by No 75 of 2010, Sch 6 item 2, effective Sch 1 (items 1–33, 35) and Sch 6 (items 2–6): 29 June 2010 (s 2(1) item 2) Sch 2 (items 1, 2, 25): 1 July 2010 (s 2(1) item 3) Sch 5 (items 2–6): 28 June 2010 (s 2(1) item 7) | Amended by No 169 of 2012, Sch 2 item 2, effective Sch 2 (items 1–3, 26, 27): 3 Dec 2012 (s 2(1) item 3) | Amended by No 124 of 2013, Sch 11 item 33, effective Sch 2 (items 1, 7–20): 11 July 2013 (s 2(1) item 3) Sch 2 (items 49–65): 29 June 2013 (s 2(1) item 4) Sch 11 (items 33, 34, 56(1)): 30 June 2013 (s 2(1) item 22) | Amended by No 135 of 2015, Sch 2 item 1, effective Sch 2: 13 Oct 2015 (s 2(1) item 2) | Amended by No 59 of 2019, Sch 2 item 6, effective Sch 2 (items 4–8): 30 Aug 2019 (s 2(1) item 2)

s 23AH — Foreign branch income of Australian companies not assessable

Objects (1) The objects of this section are: (a) to ensure that active foreign branch income derived by a resident company, and capital gains made by a resident company in disposing of non ‑ tainted assets used in deriving foreign branch income, (except income and capital gains from the operation of ships or aircraft in international traffic) are not assessable income or exempt income of the company; and (b) to include in the assessable income of a resident company that part of its income and capital gains derived through a branch in a foreign country that is comparable to the amounts that would be included in an attributable taxpayer’s assessable income for income and capital gains derived by a CFC resident in the same foreign country; and (c) to get the same outcomes where one or more partnerships or trusts are interposed between a resident company and a foreign branch; and (d) to limit the effect mentioned in paragraph (a) where there is a branch hybrid mismatch for the purposes of Division 832 of the Income Tax Assessment Act 1997 . Foreign branch income not assessable (2) Subject to this section, foreign income derived by a company, at a time when the company is a resident, in carrying on a business at or through a PE of the company in a listed country or unlisted country is not assessable income, and is not exempt income, of the company. Foreign capital gains and losses disregarded (3) Subject to this section, a capital gain from a CGT event happening to a CGT asset is disregarded for the purposes of Part 3 ‑ 1 of the Income Tax Assessment Act 1997 if: (a) the gain is made by a company that is a resident; and (b) the company used the asset wholly or mainly for the purpose of producing foreign income in carrying on a business at or through a PE of the company in a listed country or unlisted country; and (c) the asset is not taxable Australian property. (4) Subject to this section, a capital loss from a CGT event happening to a CGT asset is disregarded for the purposes of Part 3 ‑ 1 of the Income Tax Assessment Act 1997 if: (a) the loss is made by a company that is a resident; and (b) the company used the asset wholly or mainly for the purpose of producing foreign income in carrying on a business at or through a PE of the company in a listed country or unlisted country; and (c) had the loss been a gain, it would be disregarded under subsection (3). Exception relating to hybrid mismatch rules (4A) Subsection (2) does not apply to foreign income derived by the company if the foreign income is branch hybrid mismatch income (see subsection (14C)). Exceptions: listed country PE (5) Subsection (2) does not apply to foreign income derived by the company if: (a) the PE is in a listed country; and (b) the PE does not pass the active income test (see subsection (12)); and (c) the foreign income is both: (i) adjusted tainted income (see subsection (13)); and (ii) eligible designated concession income in relation to a listed country. (6) Subsection (3) or (4) does not apply to a capital gain or capital loss if: (a) the PE is in a listed country; and (b) for a capital gain—the gain is from a tainted asset and is eligible designated concession income in relation to a listed country; and (c) for a capital loss—the loss is from a tainted asset and would be eligible designated concession income in relation to a listed country if it were a capital gain. Exceptions: unlisted country PE (7) Subsection (2) does not apply to foreign income derived by the company if: (a) the PE is in an unlisted country; and (b) the PE does not pass the active income test (see subsection (12)); and (c) the foreign income is adjusted tainted income (see subsection (13)). (8) Subsection (3) or (4) does not apply to a capital gain or capital loss if: (a) the PE is in an unlisted country; and (b) the gain or loss is from a tainted asset. Income derived in disposing of a business (9) This section applies to foreign income derived by an entity in the course of disposing, in whole or in part, of a business carried on in a listed country or unlisted country at or through a PE of the entity in the listed country or unlisted country as if the foreign income had been derived in carrying on that business. Interposed partnerships or trusts (10) This section applies to any indirect interest (through one or more partnerships or trust estates) of a company in foreign income derived by a partnership or trustee through a PE of the partnership or trustee in a listed country or unlisted country as if that indirect interest were foreign income derived by the company through a PE of the company in that country. (11) This section applies to any indirect interest (through one or more partnerships or trust estates) of a company in a capital gain or capital loss made in relation to an asset of a partnership, or made by a trustee, in carrying on a business at or through a PE of the partnership or trustee in a listed country or unlisted country as if that indirect interest were a capital gain or capital loss made by the company through a PE of the company in that country. Active income test (12) A PE of an entity passes the active income test for a year of income if the entity would have passed the active income test in section 432 if: (a) the assumptions in subsection (14) were made; and (b) subsection 432(3) and 446(2) and paragraphs 432(1)(b) and (e) and 447(1)(b), (d) and (f) had not been enacted. Adjusted tainted income (13) For the purposes of this section, the adjusted tainted income of a PE of an entity is income or other amounts that would be adjusted tainted income of the entity for the purposes of Part X if: (a) the assumptions in subsection (14) were made; and (b) subsection 446(2) and paragraphs 447(1)(b), (d) and (f) had not been enacted. Assumptions for subsections (12) and (13) (14) The assumptions referred to in paragraphs (12)(a) and (13)(a) are: (a) except in applying paragraphs 447(1)(a), (c) and (e) and 450(6)(c), (7)(d) and (8)(b), the only income or other amounts derived by the entity were the income derived in carrying on business at or through the PE; and (b) the entity’s statutory accounting periods were the same as the entity’s years of income; and (c) in applying paragraphs 447(1)(a), (c) and (e) and 450(6)(c), (7)(d) and (8)(b): (i) the part of the entity’s operations that consists of the business carried on at or through the PE were a company (the PE company ); and (ii) the remaining part of the entity’s operations were a separate company (the HQ company ); and (iii) the PE company and the HQ company had carried out the transactions that they would have carried out if the PE company were engaged in the same or similar activities as the PE under the same or similar conditions as the PE and were dealing wholly independently with the HQ company; and (iv) any income derived by the HQ company were disregarded; and (d) if the entity is an AFI entity (within the meaning of subsection 326(2))—the entity were an AFI subsidiary; and (e) in applying paragraphs 447(1)(a), (c) and (e), the HQ company were an associate of the PE company. (14A) This section does not apply to foreign income, or to a capital gain or capital loss, of a company to the extent that the income, gain or loss is from: (a) the operation of ships or aircraft in international traffic at or through a PE of the company in a listed country or unlisted country; or (b) things that are ancillary to that operation. (14B) A company operates a ship or aircraft in international traffic if the company operates it for transporting passengers or goods between a place in one country and a place in another country. Branch hybrid mismatch income (14C) For the purposes of this section, if foreign income derived by the company is an amount that, for the purposes of Division 832 of the Income Tax Assessment Act 1997 , is a payment: (a) received by the company; and (b) that, apart from subsection (4A) of this section, would give rise to a branch hybrid mismatch; then so much of the foreign income as does not exceed the amount of the branch hybrid mismatch is branch hybrid mismatch income . (14D) For the purposes of this section, PE , when it is used in Division 832 of the Income Tax Assessment Act 1997 , does not have the meaning it has in that Act but instead has the same meaning as in this section. Definitions (15) In this section: company does not include a company in the capacity of a trustee. double tax agreement has the same meaning as in Part X. eligible designated concession income has the same meaning as in Part X. foreign income includes an amount that: (a) apart from this section, would be included in assessable income under a provision of this Act other than Part 3 ‑ 1 or 3 ‑ 3 of the Income Tax Assessment Act 1997 (CGT); and (b) is derived from sources in a listed country or unlisted country. listed country has the same meaning as in Part X. permanent establishment , or PE , in relation to a listed country or unlisted country: (a) if there is a double tax agreement in relation to that country—has the same meaning as in the double tax agreement; or (b) in any other case—has the meaning given by subsection 6(1). statutory accounting period has the same meaning as in Part X. tainted asset has the same meaning as in Part X. unlisted country has the same meaning as in Part X.

Amendment history: Inserted by No 5 of 1991, item 11 | item 12 | item 21 | item 22 | item 38, effective s 4–61: 8 Jan 1991 (s 2) | Amended by No 48 of 1991, item 11, effective s 9, 15, 33, 70 and 81–83: 8 Jan 1991 (s 2(2)) s 10–14, 16–31, 34(a), 35, 37–39, 41–51(1), 52–59(1), 60, 61,67, 68(1), 69, 71–80, 84(1)–(8), (10), (11), (13)–(17), 85, 86 and 88–90: 24 Apr 1991 (s 2(1)) s 32 and 84(9): 1 July 1991 (s 2(4)) s 34(b), 36, 40 and 87: 21 Aug 1990 (s 2(3)) s 51(2), 59(2), 62–66, 68(2) and 84(12): 25 Apr 1991 (s 2(5)) | Amended by No 80 of 1992, item 6, effective s 52(2) and 53(2): 1 July 1992 (s 2(3)) Remainder: 30 June 1992 (s 2(1)) | Amended by No 121 of 1997, Sch 4 item 94, effective s 4: 8 July 1997 (s 2(1)) Sch 2 (items 18–37), Sch 3 (items 31–61), Sch 4 (items 63–138), Sch 5 (items 43–93), Sch 6 (items 68–132), Sch 7 (items 5–7), Sch 8 (items 32–51), Sch 9 (items 16–40), Sch 10 (items 12–15), Sch 11 (items 37–57) and Sch 12 (items 15–23): 1 July 1997 (s 2(3), (5)) | Amended by No 155 of 1997, Sch 1 item 1 | Sch 1 item 2 | Sch 1 item 3 | Sch 1 item 4 | Sch 1 item 5 | Sch 1 item 6 | Sch 1 item 120, effective 24 Oct 1997 (s 2) | Amended by No 46 of 1998, Sch 10 item 118 | Sch 10 item 63 | Sch 10 item 64 | Sch 10 item 65 | Sch 10 item 66 | Sch 10 item 67 | Sch 10 item 68 | Sch 10 item 69 | Sch 10 item 70 | Sch 10 item 71 | Sch 10 item 72 | Sch 10 item 73 | Sch 10 item 74 | Sch 10 item 75 | Sch 10 item 76 | Sch 10 item 79 | Sch 10 item 80 | Sch 10 item 81 | Sch 10 item 82 | Sch 10 item 85 | Sch 10 item 86 | Sch 10 item 87, effective s 4, Sch 2 (items 49–522), Sch 3 (items 13–20), Sch 4 (items 12–27), Sch 5 (items 6–10), Sch 6 (items 8–30), Sch 7 (items 12–19), Sch 8 (items 2–9) and Sch 9 (items 7, 8): 22 June 1998 (s 2(1)–(4)) | Amended by No 77 of 2001, effective Sch 2 (items 20–148, 488(1)): 30 June 2001 (s 2(1)) | Amended by No 66 of 2003, Sch 3 item 8 | Sch 3 item 9 | Sch 3 item 10 | Sch 3 item 11 | Sch 3 item 118, effective s 4, Sch 1 and Sch 3 (items 1–46, 47, 48, 140(1), (5), (7)): 30 June 2003 (s 2(1) items 1, 2, 4–6, 14) Sch 3 (item 46A): 29 June 2002 (s 2(1) item 5A) | Repealed and substituted by No 96 of 2004, effective Sch 2 (items 1–80, 85–138, 140, 141) and Sch 3: 29 June 2004 (s 2(1) items 3, 5, 6) | Amended by No 41 of 2005, Sch 10 item 20, effective s 4, Sch 3 (items 1–16, 22), Sch 6 (items 1, 6–11), Sch 8, Sch 9 (items 3–13), Sch 10 (items 19–35, 270) and Sch 11 (items 1–3, 5): 1 Apr 2005 (s 2(1) items 1, 2, 4, 5, 23, 24) Sch 9 (items 1, 2): 29 June 2004 (s 2(1) item 3) | Amended by No 63 of 2005, Sch 2 item 1 | Sch 2 item 2, effective Sch 1 (items 1–4, 23), Sch 2 and Sch 5: 26 June 2005 (s 2(1) items 2, 4) | Amended by No 168 of 2006, Sch 4 item 855 | Sch 4 item 16, effective s 4 and Sch 4 (items 14–28, 112): 12 Dec 2006 (s 2(1) items 1, 5) Sch 3 (items 3–5): 13 Dec 2005 (s 2(1) item 4) | Amended by No 84 of 2018, Sch 1 item 832 | Sch 1 item 2 | Sch 1 item 3 | Sch 1 item 4, effective Sch 1 (items 2–7, 15), Sch 2 (items 4, 5, 9, 10) and Sch 4 (item 1): 1 Oct 2018 (s 2(1) item 1) | Amended by No 49 of 2019, Sch 4 item 68, effective Sch 4 (items 67–70): 1 July 2019 (s 2(1) item 12)