Commonwealth Consolidated Acts

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INCOME TAX ASSESSMENT ACT 1997 - SECT 165.202

Shares held by government entities and charities etc.

  (1)   For the purposes of a test, * shares that are beneficially owned by each of the following entities are taken to be beneficially owned instead by a person (who is not a company):

  (a)   the Commonwealth, a State or a Territory;

  (b)   a municipal corporation;

  (c)   a * local governing body;

  (d)   the government of a foreign country, or of part of a foreign country;

  (e)   a company, established under a law, in which no person has a * membership interest;

  (f)   a * non - profit company;

  (g)   a charity that is not a trust;

  (h)   a * complying superannuation fund;

  (i)   a superannuation fund that is established in a foreign country and is regulated under a * foreign law;

  (j)   a * complying approved deposit fund;

  (k)   a * special company;

  (l)   a * managed investment scheme.

  (2)   For the purposes of a test, * shares that are beneficially owned through a charity that is a trust are taken to be beneficially owned instead by a person (who is neither a company nor a trustee).


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