House debates
Thursday, 17 June 2010
TAX LAWS AMENDMENT (2010 MEASURES; No. 2) Bill 2010
Consideration of Senate Message
Bill returned from the Senate with amendments.
Ordered that the amendments be considered immediately.
Senate’s amendments—
(1) Schedule 1, item 13, page 9 (after line 10), after subsection 109CA(7), insert:
(7A) Subsection (1) does not apply to the provision of a dwelling to the entity if:
(a) the dwelling is a flat or home unit that is part of a complex of 2 or more flats or home units; and
(b) the provider of the dwelling is a company that owns a legal or equitable interest in the land on which the complex is erected; and
(c) there is more than one share in the company, and each share (whether singly or as part of a parcel of shares) gives the relevant shareholder the right to occupy a flat or home unit in the complex; and
(d) each flat or home unit in the complex is covered by a share, or a parcel of shares, in the company; and
(e) the dwelling is provided to the entity because a shareholder holds such a share, or parcel of shares; and
(f) the company does not have legal or equitable interests in any assets other than legal or equitable interests in:
(i) the complex, and the land on which it is erected; and
(ii) any related land and buildings; and
(iii) any related plant, machinery, equipment, furniture or fittings; and
(iv) any assets relating to the matters mentioned in paragraph (g); and
(g) the assessable income of the company is derived predominantly from:
(i) managing and maintaining the complex (including the assets mentioned in subparagraphs (f)(i), (ii) and (iii)); and
(ii) interest and dividends relating to income derived from managing and maintaining the complex (including the assets mentioned in those subparagraphs).
(7B) Subsection (7A) does not apply in a case to which Subdivision E (about interposed entities) applies, if the company mentioned in that subsection is interposed between:
(a) a private company; and
(b) a shareholder, or an associate of a shareholder, of the private company.
(2) Schedule 1, item 13, page 9 (lines 12 and 13), omit “subsections (6) and (7)”, substitute “subsections (6) to (7A)”.
4:18 pm
Jason Clare (Blaxland, Australian Labor Party, Parliamentary Secretary for Employment) Share this | Link to this | Hansard source
I move:
That the amendments be agreed to.
The amendments ensure that the use of certain company title flats or home units does not result in a payment for the purposes of division 7A of the Income Tax Assessment Act 1936. The amendments treat individuals who own a flat or home unit through a company title arrangement in the same way as those who purchase a flat or home unit under a strata title arrangement. The amendments implement a recommendation of the Senate Economics Legislation Committee in relation to schedule 1 of the bill.
Question agreed to.