5Imposition of income tax

#### 5 Imposition of income tax (1) Income tax is imposed in accordance with this Act and at the relevant rates declared by the Income Tax Rates Act 1986. (2) This Act does not impose tax payable in accordance with section 121H, 126, 128B, 128NA, 128NB or 128V of the Assessment Act. (2A) This Act does not impose tax payable in accordance with section 301‑175 or 306‑15, or Division 840, of the Income Tax Assessment Act 1997 or Division 840 of the Income Tax (Transitional Provisions) Act 1997. (3) This Act does not impose tax upon the taxable income of a non‑profit company where that taxable income does not exceed $416. (4) If this Act, insofar as it imposes tax upon the taxable income of a complying superannuation fund, a non‑complying superannuation fund, a complying approved deposit fund, a non‑complying approved deposit fund or a pooled superannuation trust (as defined in the Income Tax Assessment Act 1997), would, apart from this subsection, deal with 2 subjects of taxation (within the meaning of section 55 of the Constitution), namely: (a) the taxation of so much of the taxable income as is attributable to contributions that are included in assessable income under Subdivision 295‑C of the Income Tax Assessment Act 1997; and (b) the taxation of the remainder of the taxable income; this Act imposes tax in respect of only that subject of taxation mentioned in paragraph (b). (5) This Act does not impose tax upon the taxable income of a non‑complying superannuation fund within the meaning of the Income Tax Assessment Act 1997, to the extent that the taxable income is attributable to the inclusion of an amount in the fund’s assessable income under table item 2 in section 295‑320 of that Act. (6) This Act does not impose tax upon the taxable income of a Australian superannuation fund, to the extent that the taxable income is attributable to the inclusion of an amount in the fund’s assessable income under table item 3 in section 295‑320 of that Act.