Commonwealth Consolidated Acts

INCOME TAX ASSESSMENT ACT 1936 - SECT 343

    In this Subdivision, unless the contrary intention appears:

"actual transfer" , in relation to property or services, means a transfer of the property or services other than a transfer that is taken to have been made because of subsection   345(1), (2), (5), (6), (8), (10) or (11).

"property" includes money.

"scheme" has the same meaning as in Division   6AAA of Part   III.

"services" has the same meaning as in Division   6AAA of Part   III.

"transfer" has the same meaning as in Division   6AAA of Part   III.

"underlying transfer" , in relation to a transfer of property or services to a trust, means:

  (a)   if that transfer was an actual transfer--the actual transfer; or

  (b)   if that transfer was taken to have been made because of subsection   345(1)--the actual transfer referred to in that subsection; or

  (c)   if that transfer was taken to have been made because of subsection   345(2)--the actual transfer referred to in paragraph   345(2)(d); or

  (d)   if that transfer was taken to have been made because of subsection   345(5)--the actual transfer referred to in paragraph   345(5)(b); or

  (e)   if that transfer was taken to have been made because of the application of subsection   345(6) or (8) to an actual transfer--the actual transfer; or

  (f)   if that transfer was taken to have been made because of the application of subsection   345(6) or (8) to a transfer that was taken to have been made because of subsection   345(1)--the actual transfer referred to in subsection   345(1); or

  (g)   if that transfer was taken to have been made because of the application of subsection   345(6) or (8) to a transfer that was taken to have been made because of subsection   345(5)--the actual transfer referred to in paragraph   345(5)(b); or

  (h)   if that transfer was taken to have been made because of subsection   345(10)--the actual transfer referred to in paragraph   345(10)(b); or

  (j)   if that transfer was taken to have been made because of one or more applications of subsection   345(11) to an actual transfer--the actual transfer; or

  (k)   if that transfer was taken to have been made because of one or more applications of subsection   345(11) to a transfer (in this paragraph called the deemed transfer ) that was taken to have been made because of subsection   345(1), (2), (5), (6), (8) or (10)--the actual transfer that, under a preceding paragraph of this definition, is the underlying transfer in relation to the deemed transfer.