Income Tax Assessment Act 1936

PART III - LIABILITY TO TAXATION  

Division 11A - Dividends, interest and royalties paid to non-residents and to certain other persons  

Subdivision A - General  

SECTION 128AA   DEEMED INTEREST IN RESPECT OF TRANSFERS OF CERTAIN SECURITIES  

128AA(1)   [Transfer price exceeds issue price]  

Where:

(a) a person transfers a qualifying security; and

(b) the transfer price of the security exceeds the issue price or, where the security has been partially redeemed, the reduced issue price of the security,

so much of the transfer price as equals the excess referred to in paragraph (b) shall, for the purposes of this Division, be deemed to be income that consists of interest.

128AA(2)   [References to transfer price, issue price, reduced issue price]  

For the purposes of references to the transfer price, issue price or reduced issue price of a qualifying security in subsection (1), any application of subsection 159GP(2) shall be disregarded.