Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section applies for the purposes of determining under section 94 of the Income Tax Assessment Act 1936 whether the partnership is so constituted or controlled, or its operations are so conducted, that a partner does not have the real and effective control and disposal of the partner's share, or a part of the partner's share, in the * net income of the partnership of an income year.
(2) The reference to the partner's share, or a part of the partner's share, in the * net income is a reference to any rights that the * shareholder has under the * constitution or other rules of the company that were taken into account under section 830 - 30 in working out the individual interest of the partner in the partnership's net income or * partnership loss of the income year.
Note: In the case of a foreign hybrid company, references in this Subdivision that relate to partnerships are to be read subject to Subdivision 830 - B. For example, a reference to a partner will be a reference to a shareholder in the company who is treated by Subdivision 830 - B as a partner.
Table of sections
830 - 45 Partner's revenue and net capital losses from foreign hybrid not to exceed partner's loss exposure amount
830 - 50 Deduction etc. where partner's foreign hybrid revenue loss amount and foreign hybrid net capital loss amount are less than partner's loss exposure amount
830 - 55 Meaning of foreign hybrid net capital loss amount
830 - 60 Meaning of loss exposure amount
830 - 65 Meaning of outstanding foreign hybrid revenue loss amount
830 - 70 Meaning of outstanding foreign hybrid net capital loss amount
830 - 75 Extended meaning of subject to foreign tax