Commonwealth Consolidated Acts

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INCOME TAX ASSESSMENT ACT 1936 - SECT 399

Modifications of net income of partnerships and trusts

  (1)   If, in calculating the attributable income of the eligible CFC, it is necessary to determine the net income of a partnership or trust under section   90 or 95, it is to be assumed that:

  (a)   the modifications of this Act in this Division   (other than excluded modifications) apply to the partnership or the trust in the same way as they apply to the eligible CFC (except where a provision modified only applies to companies); and

  (b)   for the purpose of applying those modifications, the partnership or trust is taken to be a resident of the same listed or unlisted country as the eligible CFC; and

  (c)   the Income Tax Assessment Act 1997 is further modified by disregarding section   855 - 50; and

  (d)   for the purposes of applying Parts   3 - 1 and 3 - 3 of the Income Tax Assessment Act 1997 in accordance with the preceding paragraphs, the trust is a resident trust for CGT purposes.

  (2)   In this section:

"excluded modifications" means modifications made by sections   411 to 418 (inclusive).



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