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  

Guide to Subdivision 167-A

SECTION 167-7   Simplified outline of this Subdivision  


If a condition of the continuity of ownership test cannot be worked out for a company:

  • (a) because of its unequal share structure; or
  • (b) because of a holding company ' s unequal share structure;
  • an entity can choose to reconsider that condition in up to 3 ways.

    The first way involves disregarding debt interests.

    The second way involves disregarding debt interests and secondary share classes.

    The third way involves disregarding those shares, and treating the remaining shares as carrying certain percentages of the rights to receive dividends and capital distributions.

    The second way can only be tried after the first way, while the third way can only be tried after the second way.


    TABLE OF SECTIONS
    TABLE OF SECTIONS
    Operative provisions
    167-10 When this Subdivision applies
    167-15 First way - disregard debt interests
    167-20 Second way - also disregard secondary share classes
    167-25 Third way - treat remaining shares as having fixed rights to dividends and capital distributions
    167-30 Fixing rights if practicable to work out market values
    167-35 Fixing rights if impracticable to work out market values etc.
    167-40 The valuing times for conditions listed in subsection 167-10(1)


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