New Business Tax System (Debt and Equity) Act 2001 (163 of 2001)
Schedule 1 Debt and equity interests
Part 2 Amendment of the Income Tax Assessment Act 1936
Income Tax Assessment Act 1936
63 Subsection 46A(1) (definition of dividend )
Repeal the definition, substitute:
dividend :
(a) means a dividend paid by a company that is a resident; and
(b) does not, except in paragraph (6)(a) or (b), include a dividend unless the payment of the dividend arose out of, or was made in the course of, a transaction, operation, undertaking, scheme or arrangement that the Commissioner is satisfied was by way of dividend stripping; and
(c) does not include a dividend paid in respect of a non-equity share in the company.