Commonwealth Consolidated Acts

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INCOME TAX ASSESSMENT ACT 1997 - SECT 87.20

The unrelated clients test for a personal services business

  (1)   An individual or a * personal services entity meets the unrelated clients test in an income year if:

  (a)   during the year, the individual or personal services entity gains or produces income from providing services to 2 or more entities that are not * associates of each other, and are not associates of the individual or of the personal services entity; and

  (b)   the services are provided as a direct result of the individual or personal services entity making offers or invitations (for example, by advertising), to the public at large or to a section of the public, to provide the services.

Note:   Sections   87 - 35 and 87 - 40 affect the operation of paragraph   (1)(a) in relation to Australian government agencies and certain agents.

  (2)   The individual or * personal services entity is not treated, for the purposes of paragraph   (1)(b), as having made offers or invitations to provide services merely by being available to provide the services through an entity that conducts a * business of arranging for persons to provide services directly for clients of the entity.


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