Commonwealth Consolidated Acts

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INCOME TAX ASSESSMENT ACT 1997 - SECT 106.35

Effect of liquidation

  (1)   For the purposes of this Part and Part   3 - 3 (about capital gains and losses) and Subdivision   328 - C (What is a small business entity), the vesting of a company's * CGT assets in a liquidator, or the holder of a similar office under a * foreign law, is ignored.

  (2)   This Part, Part   3 - 3 and Subdivision   328 - C apply to an act done by a liquidator of a company, or the holder of a similar office under a * foreign law, as if the act had been done by the company (instead of by the liquidator etc.).

Example:   Ben, a liquidator of a company, sells a CGT asset of the company. Any capital gain or loss is made by the company, not by Ben.

Table of sections

106 - 50   Absolutely entitled beneficiaries


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