Document ID: chunk:federal_register_of_legislation:F2015L00786:body:0:p9
Version: federal_register_of_legislation:F2015L00786
Segment Type: other
Provision Reference: 
Character Range: 20648–23517

Tax Assessment Act 1997); or
         (b)   a subsidiary member of a MEC group (as defined in Division 719 of the Income Tax Assessment Act 1997).

    Table P

    A person who has made an election under former subsections 485AA(1) or (2) of the Income Tax Assessment Act 1936 in any prior income year in relation to their interest in a foreign investment fund (within the meaning of former Part XI of the Income Tax Assessment Act 1936) prior to the income year ended 30 June 2011 or an election under paragraphs 830-10(2)(b) or 830-15(5)(b) of the Income Tax Assessment Act 1997 in the income year ended 30 June 2011 or a later income year, so that their interest is treated as either an interest in a foreign hybrid limited partnership (in accordance with subsection 830-10(2) of the Income Tax Assessment Act 1997) or as an interest in a foreign hybrid company (in accordance with subsection 830-15(5) of the Income Tax Assessment Act 1997), for the year of income and that interest does not pass the non-portfolio interest test within the meaning of section 960-195 of the Income Tax Assessment Act 1997, ignoring interests held by associates of the holding entity.

    Note:
    A partner is required to include details of all relevant income, expenditure and deduction items, as well as distribution details in their own tax return.

    Table Q

    Any person that is the trustee of a resident trust estate of a deceased person where:
         a)      the deceased person died less than 3 years before the end of the income year;  and
         b)      no beneficiary is presently entitled to a share of the income of the trust estate; and
         c)      the net income of the trust estate under section 95 of the Income Tax Assessment Act 1936 is less than $18,200; and
         d)      there are no non-resident beneficiaries of the trust estate.

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    Australia includes territories and certain sea installations and offshore areas

    In this instrument 'Australia' includes Norfolk Island, the Territory of Cocos (Keeling) Islands, the Territory of Christmas Island and certain sea installations and offshore areas. However, income derived by Territory residents, Territory companies or Territory trusts (as defined in Division 1A of Part III of the Income Tax Assessment Act 1936) of Norfolk Island, from sources in Norfolk Island and from outside Australia, is exempt from income tax under the provisions of sections 24F and 24G of the Income Tax Assessment Act 1936.

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    Deferral of time for lodgment of returns

    In accordance with section 388-55 of Schedule 1 to the Taxation Administration Act 1953, the Commissioner may defer the time for lodgment of any return to a date later than the relevant date specified in this instrument.

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