Income Tax Assessment Act 1997
The first entity is treated as * providing economic benefits to the other entity, * in connection with the IVS scheme, at the time of a decrease (or future decrease) in the *market value of any of the * down interests, to the extent that the decrease is (or will be) covered by subsection 725-155(1) .
727-910(2)
Despite subsections 727-150(4) and 727-855(2) and (3), the *market value of all economic benefits that subsection (1) of this section treats the first entity as providing to the other entity:
(a) is to be determined as at the time immediately before the * IVS time, or immediately before the * realisation event, as appropriate; and
(b) is equal to the total value shifted from the * down interests to the * up interests, as worked out under one or more applications of step 2 of the method statement in section 725-365 or 725-380 .
727-910(3)
The 2 entities are treated as not dealing with each other at * arm ' s length in relation to the providing of those benefits.
727-910(4)
None of those benefits is treated as consisting of, or including, services provided or a right to have services provided.
Note:
This means that the exclusions in Subdivisions 727-C and 727-G for indirect value shifts involving services will not apply.
727-910(5)
Except as provided in this section, none of the following is treated as the * providing of economic benefits * in connection with the IVS scheme:
(a) a decrease (or future decrease) in the *market value of * down interests owned by the first entity or the other entity, to the extent that the decrease is (or will be) covered by subsection 725-155(1) ;
(b) an increase (or future increase) in the market value of * up interests owned by the first entity or the other entity, to the extent that the increase is (or will be) covered by subsection 725-145(3) ;
(c) an issue of * up interests at a * discount to the first entity or the other entity, to the extent that the issue is (or will be) covered by subsection 725-145(2) .
Note:
Value shifted from down interests owned by the other entity to up interests owned by the first entity are dealt with by a separate application of this Subdivision to those interests (because of paragraphs 727-905(2)(a) and (b)).
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