Commonwealth Consolidated Acts

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INCOME TAX ASSESSMENT ACT 1936 - SECT 121AP

Subsidiary and wholly - owned subsidiary

Subsidiary

  (1)   A company (the test company ) is a subsidiary of another company (the holding company ) if at least half of the shares in the test company are beneficially owned by:

  (a)   the holding company; or

  (b)   a company that is, or 2 or more companies each of which is, a subsidiary of the holding company; or

  (c)   the holding company and a company that is, or 2 or more companies each of which is, a subsidiary of the holding company.

  (2)   If a company is a subsidiary of another company (including because of this subsection), every company that is a subsidiary of the first - mentioned company is a subsidiary of the other company.

Wholly - owned subsidiary

  (3)   A company is a wholly - owned subsidiary of another company if it would, under subsection   (1) or (2), be a subsidiary of the other company assuming that the reference in subsection   (1) to at least half of the shares were instead a reference to all of the shares.


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