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INCOME TAX ASSESSMENT ACT 1936 - SECT 384

Additional assumption for unlisted country CFC

  (1)   Where the eligible CFC is a resident of an unlisted country at the end of the eligible period, it is to be assumed:

  (a)   that the only amounts of notional assessable income are those to which subsection   (2) applies; and

  (b)   that all other income is notional exempt income.

  (2)   The amounts of notional assessable income are:

  (a)   where the eligible CFC does not pass the active income test for the eligible period in relation to the eligible taxpayer--amounts that would be included in its notional assessable income for the eligible period under this Act as modified in accordance with Subdivisions B to E if the only income or other amounts derived by it during the eligible period, and any earlier statutory accounting period, were adjusted tainted income (within the meaning of section   386); and

  (b)   amounts included in the notional assessable income of the eligible CFC for the eligible period under section   102AAZD of this Act as modified in accordance with Subdivisions B to E; and

  (c)   amounts included in the notional assessable income of the eligible CFC for the eligible period under Division   6 of Part   III of this Act as so modified; and

  (d)   amounts that would be included in the notional assessable income of the eligible CFC for the eligible period under Division   5 of Part   III of this Act, as modified in accordance with Subdivisions B to E of this Division, in relation to any partnership if its net income included only:

  (i)   where the eligible CFC does not pass the active income test for the eligible period in relation to the eligible taxpayer--amounts that would be included if the partnership derived only adjusted tainted income (within the meaning of section   386); and

  (ii)   amounts included under section   102AAZD of this Act as modified in accordance with Subdivisions B to E of this Division; and

  (iii)   amounts included under Division   6 of Part   III of this Act as so modified.


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