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INCOME TAX ASSESSMENT ACT 1997

CHAPTER 6 - THE DICTIONARY  

PART 6-1 - CONCEPTS AND TOPICS  

Division 960 - General  

Subdivision 960-E - Entities  

SECTION 960-100  Entities  

 [No equivalent]

960-100(1)  

Entity means any of the following:


(a) an individual;


(b) a body corporate;


(c) a body politic;


(d) a partnership;


(e) any other unincorporated association or body of persons;


(f) a trust;


(g) a *superannuation fund;
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(h) an *approved deposit fund.
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Note:

The term entity is used in a number of different but related senses. It covers all kinds of legal person. It also covers groups of legal persons, and other things, that in practice are treated as having a separate identity in the same way as a legal person does.

960-100(1A)  

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Paragraph (1)(e) does not include a *non-entity joint venture.

960-100(2)  

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The trustee of a trust, of a *superannuation fund or of an *approved deposit fund is taken to be an entity consisting of the person who is the trustee, or the persons who are the trustees, at any given time.

Note 1:

This is because a right or obligation cannot be conferred or imposed on an entity that is not a legal person.

Note 2:

The entity that is the trustee of a trust or fund does not change merely because of a change in the person who is the trustee of the trust or fund, or persons who are the trustees of the trust or fund.

960-100(3)  

A legal person can have a number of different capacities in which the person does things. In each of those capacities, the person is taken to be a different entity.

Example:

In addition to his or her personal capacity, an individual may be:

· sole trustee of one or more trusts; and
· one of a number of trustees of a further trust.

In his or her personal capacity, he or she is one entity. As trustee of each trust, he or she is a different entity. The trustees of the further trust are a different entity again, of which the individual is a member.

960-100(4)  

If a provision refers to an entity of a particular kind, it refers to the entity in its capacity as that kind of entity, not to that entity in any other capacity.

Example:

A provision that refers to a company does not cover a company in a capacity as trustee, unless it also refers to a trustee.

Note:

Under section 87-35, certain parts of Australian governments and authorities are treated as separate entities for the purposes of ascertaining whether another entity is conducting a personal services business.


 



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