The person liable for the tax charged on the amount that former ITA 2007, Pt. 13, Ch. 3 treated as income was the person whose income it was.

Generally, this meant that the person liable was the person who realised the gain.

(former ITA 2007, s. 759(1), (2)).

However, in certain circumstances the person whose income it was could be someone else.

(1)If all or any part of the gain accruing to one person was derived from value provided (directly or indirectly) by another person, the income and therefore the liability was that other person's, regardless of whether or not the value was available to the first person (former ITA 2007, s. 759(4), (5) ).

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