Commonwealth Consolidated Acts

INCOME TAX ASSESSMENT ACT 1997 - SECT 832.125

  (1)   An amount of income or profits is subject to Australian income tax in an income year if it is an amount that is included in an entity's assessable income for the income year.

  (2)   However, if:

  (a)   the entity is a trust or partnership; and

  (b)   the trust or partnership has * net income for the income year;

then the amount is only subject to Australian income tax to the extent it reasonably represents amounts:

  (c)   included in the assessable income of another entity for the income year (other than an entity that is a partnership or a trust); or

  (d)   for a trust--on which the trustee is liable to be assessed and to pay * tax.

Effect of CFC regimes

  (3)   An amount of income or profits of an entity is subject to Australian income tax if the amount is included under section   456 or 457 of the Income Tax Assessment Act 1936 in the assessable income of another entity.

  (4)   In determining for the purposes of this Division whether an amount of income or profits is * subject to Australian income tax, disregard the effect of this Division, unless the contrary intention appears.