Income Tax Assessment Act 1936
Where membership rights not acquired by disposal of rights in another entity
326-120(1)
For the purposes of this Subdivision, the adjusted market value , when the expression is used in relation to a disposer who did not acquire membership rights in the demutualising entity by disposing of membership rights in another mutual entity, is the market value, as determined by a qualified valuer, of the demutualising entity on the demutualisation resolution day. However, in making the determination the valuer is to disregard the franking surplus of that entity on that day.
Where membership rights acquired by disposal of rights in another entity
326-120(2)
For the purposes of this Subdivision but subject to subsection (3), the adjusted market value , when the expression is used in relation to a disposer who acquired membership rights in the demutualising entity by disposing of membership rights in another mutual entity, is the market value, as determined by a qualified valuer, of the other entity at the time immediately before the disposer disposed of membership rights in the other entity. However, in making the determination the valuer is to disregard the franking surplus of the other entity at that time.
Indexation of amount mentioned in subsection (2)
326-120(3)
If the indexation factor (see section 326-235 ) of the amount worked out under subsection (2) is more than one, that amount is taken to be replaced by that amount as indexed under Subdivision 326-M .
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