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s 842-208

Modified meaning of IMR foreign fund for the purposes of earlier income years

In force
Chapter 4International aspects of income tax
Part 4-5General
Division 842Exempt Australian source income and gains of foreign residents
Subdivision 842-IInvestment manager regime

842-208 Modified meaning of IMR foreign fund for the purposes of earlier income years

(1)

This section applies for the purposes of:

(a)

this Subdivision (apart from section 842‑207); and

(b)

Subdivision 842‑I (Investment Manager Regime) of the Income Tax Assessment Act 1997, as substituted by Schedule 7 to the Tax and Superannuation Laws Amendment (2015 Measures No. 1) Act 2015 (the new IMR Schedule).

(2)

Treat an entity as an IMR foreign fund if, and only if:

(a)

it is an IMR entity (within the meaning given by section 842‑220 of the Income Tax Assessment Act 1997, as inserted by the new IMR Schedule); and

(b)

subject to subsection (3) of this section, it is an IMR widely held entity (within the meaning given by sections 842‑230 and 842‑240 of the Income Tax Assessment Act 1997, as inserted by the new IMR Schedule); and

(c)

the entity chooses to be treated as an IMR foreign fund for those purposes.

(3)

Treat subsection 842‑230(1) of the Income Tax Assessment Act 1997, as inserted by the new IMR Schedule, as not applying to the entity.

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