Income Tax Assessment Act 1997

CHAPTER 3 - SPECIALIST LIABILITY RULES  

PART 3-3 - CAPITAL GAINS AND LOSSES: SPECIAL TOPICS  

Division 124 - Replacement-asset roll-overs  

Subdivision 124-M - Scrip for scrip roll-over  

Operative provisions

SECTION 124-810   Certain companies and trusts not regarded as having 300 members or beneficiaries  

124-810(1)    

For the purposes of this Subdivision, a company is treated as if it did not have at least 300 *members if subsection (3) or (5) applies to it.

124-810(2)    

For the purposes of this Subdivision, a trust is treated as if it did not have at least 300 beneficiaries if subsection (4) or (5) applies to it.

Concentrated ownership

124-810(3)    
This subsection applies to a company if an individual owns, or up to 20 individuals own between them, directly or indirectly (through one or more interposed entities) and for their own benefit, *shares in the company:

(a) carrying *fixed entitlements to:

(i) at least 75% of the company ' s income; or

(ii) at least 75% of the company ' s capital; or

(b) carrying at least 75% of the voting rights in the company.

124-810(4)    
This subsection applies to a trust if an individual owns, or up to 20 individuals own between them, directly or indirectly (through one or more interposed entities) and for their own benefit, units or other fixed interests in the trust:

(a) carrying *fixed entitlements to:

(i) at least 75% of the trust ' s income; or

(ii) at least 75% of the trust ' s capital; or

(b) if beneficiaries of the trust have a right to vote in respect of activities of the trust - carrying at least 75% of those voting rights.

Possible variation of rights etc.

124-810(5)    
This subsection applies to a company or trust if, because of:

(a) any provision in the entity ' s constituent document, or in any contract, agreement or instrument:

(i) authorising the variation or abrogation of rights attaching to any of the *shares, units or other fixed interests in the entity; or

(ii) relating to the conversion, cancellation, extinguishment or redemption of any of those interests; or

(b) any contract, *arrangement, option or instrument under which a person has power to acquire any of those interests; or

(c) any power, authority or discretion in a person in relation to the rights attaching to any of those shares, units or interests;

it is reasonable to conclude that the rights attaching to any of those interests are capable of being varied or abrogated in such a way (even if they are not in fact varied or abrogated in that way) that, directly or indirectly, subsection (3) or (4) would apply to the entity.

Single individual

124-810(6)    
For the purposes of subsections (3) and (4), all of the following are taken to be a single individual:

(a) an individual, whether or not the individual holds *shares, units or other interests in the entity concerned;

(b) the individual ' s *associates;

(c) for any shares, units or interests in respect of which other individuals are nominees of the individual or of the individual ' s associates - those other individuals.