Document ID: chunk:federal_register_of_legislation:C2010C00499:clause:10_15:p9
Version: federal_register_of_legislation:C2010C00499
Segment Type: clause
Provision Reference: sch 10 cl 15 (pt 9/11)
Character Range: 111642–113976

a *listed country in any *tax accounting period; and
 (d) if the foreign hybrid had disposed of the whole or an equivalent part of the asset at the time of the disposal of the whole or the part of the interest, any gain or profit of a capital nature that accrued to the foreign hybrid in respect of the disposal would have been subject to tax in a listed country in a tax accounting period;
then, for the purposes of Part X of the Income Tax Assessment Act 1936, the gain or profit mentioned in paragraph (b) is taken to be subject to tax in the listed country, and in the tax accounting period, mentioned in paragraph (d).

Where entity ceases to be a partner

 (3) If:
 (a) an entity ceases to be a partner in a *foreign hybrid in relation to an income year; and
 (b) a gain or profit of a capital nature accrues to the entity as a result of the disposal of its interest in an asset of the foreign hybrid that happens when the entity ceases to be a partner; and
 (c) apart from this subsection, the gain or profit is not *subject to tax in a *listed country in any *tax accounting period; and
 (d) any gain or profit of a capital nature that accrues to the entity as a result of the disposal of its interest in the foreign hybrid that happens when the entity ceases to be a partner is subject to tax in a listed country in a tax accounting period;
then, for the purposes of Part X of the Income Tax Assessment Act 1936, the gain or profit mentioned in paragraph (b) is taken to be subject to tax in the listed country, and in the tax accounting period, mentioned in paragraph (d).

Where partner disposes of part of its interest

 (4) If:
 (a) an entity is a partner that disposes of part of its interest in a *foreign hybrid in relation to an income year; and
 (b) a gain or profit of a capital nature accrues to the entity as a result of the disposal of part of its interest in an asset of the foreign hybrid that happens when the entity disposes of the part of its interest in the foreign hybrid; and
 (c) apart from this subsection, the gain or profit is not *subject to tax in a *listed country in any *tax accounting period; and
 (d) any gain or profit of a capital nature that accrues to the entity as a result of the disposal of the part of its interest in the foreign hybrid is subject to tax in a listed country in a tax