Document ID: chunk:federal_register_of_legislation:C2025C00014:section:26ag:p3
Version: federal_register_of_legislation:C2025C00014
Segment Type: section
Provision Reference: s 26AG (pt 3/6)
Character Range: 203538–206071

a reference in this section to the consideration receivable by a taxpayer in respect of the disposal of the whole or a part of the taxpayer's interest in a copyright (which whole or part is in this subsection referred to as the unit) is a reference to:
 (a) where the unit is disposed of for a specified price—that price less:
 (i) the expenses of the disposal; and
 (ii) if the disposal is a taxable supply—an amount equal to the GST payable on the supply; or
 (b) where the unit is disposed of together with other property and no separate price is allocated to the unit—such amount as the Commissioner determines.
 (6) Where:
 (a) a taxpayer disposes of the whole or a part of the taxpayer's interest in a copyright (which whole or part is in this subsection referred to as the unit) to another person;
 (b) the Commissioner is satisfied, having regard to any connection between the taxpayer and that other person or to any other relevant circumstances, that the taxpayer and that other person were not dealing with each other at arm's length in relation to the disposal; and
 (c) there was no amount receivable by the taxpayer in respect of the disposal or the amount receivable by the taxpayer in respect of the disposal was less than the value of the unit at the time of the disposal;
the amount of the consideration receivable by the taxpayer in respect of the disposal shall be taken, for the purposes of this section, to be the amount that was the value of the unit at the time of the disposal.
 (8) If:
 (a) a non‑resident taxpayer derives, from sources outside Australia, income in respect of a film; and
 (b) but for this subsection, subsection (2) would include the amount in the taxpayer's assessable income of a year of income;
that subsection does not include in the taxpayer's assessable income so much of the amount as:
 (c) is attributable to the exhibition of the film in the country from sources in which the income was derived; and
 (d) is not exempt from income tax in the country from sources in which the income was derived.
 (9) Where:
 (a) an amount (in this subsection referred to as the relevant amount) is derived by a partnership in a year of income; and
 (b) if the relevant amount were derived by a partner in the partnership, the relevant amount, or a part of the relevant amount, would, by virtue of paragraph (1)(d), be an amount to which this section applies in relation to that partner in relation to the year of income;
the following provisions have effect:
 (c) the relevant amount shall not be