Income Tax Assessment Act 1936
Sections and provisions with full text and the judgments that cite each one.
Section 202D — Explanation of terms: investment, investor, investment body
(1A) This section: (a) applies to a non-share equity interest in the same way as it applies to a share; and (b) applies to an equity holder in the same way as it applies to a shareholder. (1)…
Section 202DD — Investor excused from quoting tax file number in certain circumstances
Where: (a) at a particular time a person becomes an investor in relation to an investment to which this Part applies by virtue of acquiring shares in a public company; and (b) at that time, the…
Section 202BE — Cancellation of tax file numbers
(1) Where the Commissioner concludes that a tax file number was issued to a person under an identity that is not the person’s true identity, the Commissioner may, by written notice given to the…
Section 202CE — Effect of incorrect quotation of tax file number
(1) If the Commissioner is satisfied: (a) that the tax file number stated in a TFN declaration: (i) has been cancelled or withdrawn since the declaration was given; or (ii) is otherwise wrong; and…
Section 202DE — Securities dealer to inform the investment body of tax file number
Where: (a) a person becomes an investor as a result of a transaction carried out through a securities dealer; and (b) the person informs the dealer of the person’s tax file number; the dealer shall…
Section 202EE — Non-residents
(1) For the purposes of this Part, where: (a) a non-resident is an investor in relation to an investment to which this Part applies; and (b) at a particular time, the investment body pays an amount…
Section 202BF — Alteration of tax file numbers
The Commissioner may, at any time, by written notice given to a person who has a tax file number: (a) withdraw that number; and (b) issue to the person a new tax file number in place of the withdrawn…
Section 202CF — Payer must notify Commissioner if no TFN declaration by recipient
(1) If, after the commencement of this section, a person (the payer) commences a relationship with another person under which, or as a result of which, the payer will make (or will be likely to make)…
Section 202DF — Effect of incorrect quotation of tax file number
(1) If the Commissioner is satisfied: (a) that the tax file number quoted to an investment body in relation to an investment: (i) has been cancelled or withdrawn since it was quoted; or (ii) is…
Section 202F — Review of decisions
(1) Applications may be made to the Tribunal for review of the following decisions of the Commissioner: (a) a decision refusing an application for the issue of a tax file number under section 202BA…
Section 202CG — Disclosing recipients’ tax file numbers to payers
A taxation officer (within the meaning of the Income Tax Assessment Act 1997) may disclose a recipient’s tax file number to a payer of the recipient if: (a) the recipient provided the number in a TFN…
Section 202DG — Investments held jointly
(1) Where 2 persons are jointly entitled to the property or rights that constitute an investment to which this Part applies, neither person shall be taken to have quoted the person’s tax file number…
Section 202EG — Manner of completing declarations
Where a person is unable to make a declaration under this Division, the declaration may be made by another person on behalf of the first-mentioned person.
Section 202DH — Tax file number quoted for superannuation or surcharge purposes taken to be quoted for purposes of the taxation of eligible termination payments
(1) If a person (the first person) who is a beneficiary of an eligible superannuation entity or of a regulated exempt public sector superannuation scheme has quoted his or her tax file number to the…
Section 202EH — Declarations under this Division to be retained in certain circumstances
The Commissioner may, by legislative instrument, direct an investment body to retain declarations, or declarations of a particular kind, made under this Division for such time as is specified in the…
Section 202DI — Tax file number quoted for RSA purposes taken to be quoted for purposes of the taxation of superannuation benefits
If a person (the first person) who is the holder of an RSA has quoted his or her tax file number to the provider of the RSA in connection with the operation or possible future operation of the…
Section 202DJ — Tax file number quoted for purposes of taxation of superannuation benefits taken to be quoted for surcharge purposes
(1) If a person who is: (a) a beneficiary of an eligible superannuation entity or of a regulated exempt public sector superannuation scheme; or (b) a member of a constitutionally protected…
Section 202DL — Quotation of tax file number
A depositor of a farm management deposit quotes the owner’s tax file number to the FMD provider in connection with the deposit by: (a) stating the number in the form mentioned in subsection 393-20(2)…
Section 202DM — Effect of incorrect quotation of tax file number
Commissioner may notify FMD provider of correct tax file number (1) If the Commissioner is satisfied: (a) that the tax file number quoted to an FMD provider in connection with a farm management…
Section 202DN — Application of Division
This Division applies to both the trustee of a trust and to a beneficiary of the trust, if: (a) paragraph 12-175(1)(c) in Schedule 1 to the Taxation Administration Act 1953 applies to the trust; and…
Section 202DO — Quotation of tax file numbers
(1) The beneficiary may quote the beneficiary’s tax file number to the trustee. (2) The beneficiary quotes the beneficiary’s tax file number to the trustee if the beneficiary, or another person…
Section 202DP — Trustee must report quoted tax file numbers
(1) The trustee must report the beneficiary’s tax file number to the Commissioner, in the approved form, if: (a) the beneficiary quotes the beneficiary’s tax file number to the trustee during a…
Section 202DR — Effect of incorrect quotation of tax file number
Commissioner may notify trustee of correct tax file number (1) If the Commissioner is satisfied: (a) that the tax file number quoted to the trustee: (i) has been cancelled or withdrawn since it was…
Section 203 — Verification of tax file numbers
(1) This section applies if an Agency (within the meaning of the Public Service Act 1999) obtains or has obtained, in accordance with a law of the Commonwealth, a number that any of the following…
Section 204 — Disclosure of tax file numbers to certain registrars
(1) If: (a) the Commissioner is appointed as the Commonwealth Registrar (within the meaning of the Corporations (Aboriginal and Torres Strait Islander) Act 2006); and (b) no other person or body is…
Section 251VA — Subsection 251U(3) not to apply for Medicare levy surcharge
(1) This section applies to a person, whether or not the person is a person to whom section 251V applies, during a period if, apart from this section, the person would be taken under subsection…
Section 251R — Interpretation
(2) If, during any period, 2 persons (whether of the same sex or different sexes): (a) had a relationship that was registered under a law of a State or Territory prescribed for the purposes of…
Section 251S — Medicare levy
(1) Subject to this Part, a levy by the name of Medicare levy is levied, and shall be paid, at the rate applicable under the relevant Act imposing the levy for a financial year upon: (a) the taxable…
Section 251T — Medicare levy (other than Medicare levy surcharge) not payable by prescribed persons or by certain trustees
Notwithstanding anything contained in section 251S, Medicare levy (other than an increase in the levy payable under section 8B, 8C, 8D, 8E, 8F or 8G of the Medicare Levy Act 1986) is not payable by:…
Section 251U — Prescribed persons
(1) Subject to this section, a person shall be taken to have been a prescribed person, for the purposes of this Part and of any Act imposing Medicare levy, during a particular period if: (a) the…
Section 251V — Subsections 251R(4), (5), (6B), (6C) and (6D) not to apply to Medicare levy surcharge
(1) This section applies to a person during a period if, apart from this section, another person would be taken under subsection 251R(4), (5), (6B), (6C) or (6D) not to have been a dependant of the…
Section 251W — Regulations
(1) The regulations may make provision for and in relation to requiring any person to supply to the Commissioner for the purposes of this Part or of any Act imposing Medicare levy or Medicare levy…
Section 251X — Notice of assessment to set out Medicare levy and surcharge
The notice of assessment to be served under section 174 on a taxpayer who must pay Medicare levy or Medicare levy (fringe benefits) surcharge for a year of income must specify the total of levy and…
Section 251Z — Administration of Medicare levy (fringe benefits) surcharge Act
The Commissioner has the general administration of the A New Tax System (Medicare Levy Surcharge—Fringe Benefits) Act 1999.
Section 252 — Public officer of company
(1) Every company carrying on business in Australia, or deriving in Australia income from property, shall at all times, unless exempted by the Commissioner, be represented for the purposes of this…
Section 252A — Public officer of trust estate
(1) Where, at any time after the expiration of the period of 90 days after the commencement of this section: (a) any business of a trust estate is carried on in Australia or any income from property…
Section 253 — Notifying and serving companies
For the purposes of this Act, or a regulation under this Act, if the Commissioner thinks fit, a notice or process may be given to, or served on, a company by giving the notice to, or serving the…
Section 254 — Agents and trustees
(1) With respect to every agent and with respect also to every trustee, the following provisions shall apply: (a) He or she shall be answerable as taxpayer for the doing of all such things as are…
Section 255 — Person in receipt or control of money from non-resident
(1) With respect to every person having the receipt control or disposal of money belonging to a non-resident, who derives income, or profits or gains of a capital nature, from a source in Australia…
Section 257 — Payment of tax by banker
Where any income of any person out of Australia is paid, or any proceeds of the disposal of an asset of any person out of Australia are paid, into the account of that person with a banker, the…
Section 260 — Contracts to evade tax void
(1) Every contract, agreement, or arrangement made or entered into, orally or in writing, whether before or after the commencement of this Act, shall so far as it has or purports to have the purpose…
Section 262 — Periodical payments in the nature of income
Where under any contract agreement or arrangement made or entered into orally or in writing, either before or after the commencement of this Act, a person assigns, conveys, transfers or disposes of…
Section 262A — Keeping of records
(1) Subject to this section, a person carrying on a business must keep records that record and explain all transactions and other acts engaged in by the person that are relevant for any purpose of…
Section 264BB — Commissioner may require private health insurers to provide information
(1) The Commissioner may, by notice in writing, require a private health insurer to provide information relevant to the operation of this Act about each person who is covered at any time during a…
Section 265A — Release of liability of members of the Defence Force on death
(1) Subject to subsection (2), where, in respect of the income of any year of income, income tax is payable by the trustee of the estate of a deceased person who has been a member of the Defence…
Section 265B — Notices in relation to certain securities
(1) Subject to subsection (2), for the purposes of this section: (a) expressions used in this section that are also used in Division 16E of Part III have the same respective meanings as in that…
Section 266 — Regulations
(1) The Governor-General may make regulations, not inconsistent with this Act or the Income Tax Assessment Act 1997, prescribing all matters which by this Act or the Income Tax Assessment Act 1997…
Section 316 — Object of Part
(1) The object of this Part is to provide for certain amounts to be included in a taxpayer’s assessable income (Division 9) in respect of: (a) the attributable income of a CFC (section 456); and (b)…
Section 317 — Interpretation
(1) In this Part, unless the contrary intention appears: accounting period, in relation to company, means an accounting period used by the company in the accounts by reference to which it distributes…
Section 318 — Associates
(1) For the purposes of this Part, the following are associates of an entity (in this subsection called the primary entity) that is a natural person (otherwise than in the capacity of trustee): (a) a…