Document ID: chunk:federal_register_of_legislation:C2025C00029:section:3:p17
Version: federal_register_of_legislation:C2025C00029
Segment Type: section
Provision Reference: s 3 (pt 17/46)
Character Range: 3095592–3098361

applies—the requirements of subsection 165‑220(5); or
 (c) if paragraph 165‑235(2)(c) applies—the requirements of subsection 165‑215(5) as applied on the assumption mentioned in subsection 165‑96(1); or
 (d) if paragraph 165‑235(2)(d) applies—the requirements of subsection 165‑230(5);
are satisfied in relation to the *non‑fixed trust mentioned in subsections 165‑235(3) and (4).

Company knowledge
 (2) The information need not be within the knowledge of the company at the time the notice is given.

Period for giving information
 (3) The notice must specify a period within which the company is to give the information. The period must not end earlier than 21 days after the day on which the Commissioner gives the notice.

Consequence of not giving the information
 (4) If the company does not give the information within the period or within such further period as the Commissioner allows, the company is taken not to meet, and never to have met, the conditions mentioned in whichever paragraph of subsection 165‑235(2) is applicable.

Application of Subdivision 165‑B
 (5) If, because of subsection (4), the company is required to calculate under Subdivision 165‑B its taxable income and *tax loss for the income year concerned, that Subdivision is to be applied as if it required the income year to be divided into such periods as would result in the highest possible taxable income for the income year.

Application of Subdivision 165‑CB
 (6) If, because of subsection (4), the company is required to calculate under Subdivision 165‑CB its *net capital gain and *net capital loss for the income year concerned, that Subdivision is to be applied as if it required the income year to be divided into such periods as would result in the highest net capital gain for the income year.

165‑245  When an entity has a fixed entitlement to income or capital of a company
  For the purposes of this Act, an entity is taken to have held or had, directly or indirectly, a *fixed entitlement to a share of income or capital of a company at a time if and only if the entity held or had, directly or indirectly, that fixed entitlement at that time for the purposes of Schedule 2F to the Income Tax Assessment Act 1936.

Subdivision 165‑G—Other special provisions

Table of sections
165‑250 Control of companies in liquidation etc.
165‑255 Incomplete periods

165‑250  Control of companies in liquidation etc.
 (1) For the purposes of sections 165‑15, 165‑40, 165‑115D, 165‑115M and 165‑129, a person is not prevented from controlling, or being or becoming able to control, voting power in a company merely because:
 (a) the company is or becomes:
 (i) a Chapter 5 body corporate within the meaning of the Corporations Act 2001; or
 (ii) an entity with a similar status under