CHAPTER 3
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SPECIALIST LIABILITY RULES
PART 3-5
-
CORPORATE TAXPAYERS AND CORPORATE DISTRIBUTIONS
Division 167
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Companies whose shares carry unequal rights to dividends, capital distributions or voting power
History
Div 167 inserted by No 130 of 2015, s 3 and Sch 4 item 1, effective 17 September 2015. No 130 of 2015, s 3 and Sch 4 item 53 contains the following application provision:
167-1 Application of provisions
167-1(1)
Division
167
of the
Income Tax Assessment Act 1997
applies:
(a)
to any tax loss that is incurred in an income year commencing on or after 1 July 2002; and
(b)
to any net capital loss that is made in an income year commencing on or after 1 July 2002; and
(c)
to any deduction in respect of a bad debt that is claimed in an income year commencing on or after 1 July 2002; and
(d)
in determining whether any changeover time or alteration time occurred on or after 1 July 2002.
167-1(2)
Division
167
of the
Income Tax Assessment Act 1997
also applies:
(a)
to any tax loss of a company:
(i)
that is incurred in an income year commencing on or before 30 June 2002; and
(ii)
that could have been deducted, in accordance with Divisions
165
and
166
of that Act as in force at that time, in the first income year commencing after 30 June 2002 if the deduction had not been limited by the company
'
s income for that income year; and
(b)
to any net capital loss of a company:
(i)
that is made in an income year commencing on or before 30 June 2002; and
(ii)
that could have been applied, in accordance with Divisions
165
and
166
of that Act as in force at that time, in the first income year commencing after 30 June 2002 if the application of the loss had not been limited by the company
'
s capital gains for that income year.
Subdivision 167-A
-
Rights to dividends or capital distributions
History
Subdiv 167-A inserted by No 130 of 2015, s 3 and Sch 4 item 1, effective 17 September 2015. For application provision, see note under Div
167
heading.
Operative provisions
SECTION 167-20
Second way
-
also disregard secondary share classes
167-20(1)
This section applies in relation to each unequally structured company if:
(a)
despite section
167-15
, the unsatisfied condition cannot be worked out; and
(b)
on the last day of the test period or at the test time (as appropriate), there is *on issue in that company one or more classes of *shares (the
secondary share classes
) other than:
(i)
the class or classes of ordinary or common shares that represent the majority of that company
'
s value; and
(ii)
*debt interests; and
(c)
it is reasonable to conclude that the total *market value of the secondary share classes does not exceed 25% of the total market value of all of that company
'
s shares (other than debt interests); and
(d)
for one or more of the secondary share classes, it is reasonable to conclude that the market value of each of them does not exceed 10% of the total market value of all of that company
'
s shares (other than debt interests).
Note:
This section can apply separately for each unequally structured company.
167-20(2)
For the purposes of subsection (1), use *market values on the last day of the test period, or at the test time, (as appropriate).
167-20(3)
The unsatisfied condition may be reconsidered by disregarding:
(a)
those of the secondary share classes that, under paragraph (1)(d), caused this section to apply; and
(b)
any *debt interests in that company.
167-20(4)
The way an entity prepares its *income tax return is sufficient evidence of it choosing to work out the unsatisfied condition under subsection (3).
History
S 167-20 inserted by No 130 of 2015, s 3 and Sch 4 item 1, effective 17 September 2015. For application provision, see note under Div
167
heading.