Instalment income for a period in which you are in a partnership
45-260 Instalment income for a period in which you are in a partnership
Your instalment income for a period (the current period) includes an amount for each partnership in which you are a partner at any time during the current period. The amount is worked out using the formula:
Start formula start fraction Your assessable income from the partnership for the last income year over Partnership's *instalment income for that income year end fraction times Partnership's *instalment income for the current period end formula
For the purposes of the formula in subsection (1):
your assessable income from the partnership for the last income year means so much of your individual interest in the partnership’s net income for an income year as was included by section 92 of the Income Tax Assessment Act 1936 in your assessable income for the most recent income year:
that ended before the start of the current period; and
for which you have an assessment, or for which the Commissioner has notified you that you do not have a taxable income.
However, if for any reason the component defined in subsection (2) does not exist or is a nil amount, or the partnership had no *instalment income for that income year, your instalment income for the current period includes, for that partnership, an amount that is fair and reasonable having regard to:
the extent of your interest in the partnership during the current period; and
the partnership’s *instalment income for the current period; and
any other relevant circumstances.
Exception for corporate limited partnerships
Your instalment income for the current period does not include an amount for a partnership that is a *corporate limited partnership for the income year that is or includes that period.
Your instalment income will still include a distribution by the partnership that is ordinary income. See section 45‑120.
This Act’s bill:Second reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.