Income Tax Assessment Act 1997
CHAPTER 3 - SPECIALIST LIABILITY RULES
PART 3-5 - CORPORATE TAXPAYERS AND CORPORATE DISTRIBUTIONS
Division 167 - Companies whose shares carry unequal rights to dividends, capital distributions or voting power
Subdivision 167-A - Rights to dividends or capital distributions
Operative provisions
SECTION 167-25 Third way - treat remaining shares as having fixed rights to dividends and capital distributions
When this section applies
167-25(1)
This section applies if, despite sections
167-15
and
167-20
, the unsatisfied condition cannot be worked out for the test period or test time (as appropriate).
How to fix rights to dividends and capital distributions
167-25(2)
The unsatisfied condition may be reconsidered by applying subsections (3) and (4) to each unequally structured company. When doing this for an unsatisfied condition listed in subsection
167-10(1)
, assume:
(a)
that the test period consists only of the valuing times worked out under section
167-40
; and
(b)
that each of those valuing times is a test time.
167-25(3)
Firstly, disregard any *debt interests in that company and any of its *shares that can be disregarded under subsection
167-20(3)
.
167-25(4)
Secondly, treat each of that company
'
s remaining *shares *on issue at the test time as having at that time the percentage of the rights to receive *dividends, and capital distributions, worked out either:
(a)
under section
167-30
; or
(b)
under section
167-35
if:
(i) it is not reasonably practicable to work out the market values of each of those remaining shares; or
(ii) the sum of the *market values of all of those remaining shares is nil.
Note:
The remaining shares are those remaining after disregarding the shares mentioned in subsection (3).
Evidence of a choice under this section
167-25(5)
The way an entity prepares its *income tax return is sufficient evidence of it choosing to work out the unsatisfied condition under this section.
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