Income Tax Assessment Act 1997

CHAPTER 3 - SPECIALIST LIABILITY RULES  

PART 3-95 - VALUE SHIFTING  

Division 727 - Indirect value shifting affecting interests in companies and trusts, and arising from non-arm ' s length dealings  

Guide to Division 727  

SECTION 727-1   What this Division is about  


If there is a net shift of value between 2 related entities because of a non-arm ' s length dealing, this Division:

  • (a) prevents losses from arising, because of the value shift, on realisation of direct or indirect equity or loan interests in the losing entity; and
  • (b) within limits, prevents gains from arising, because of the value shift, on realisation of direct or indirect equity or loan interests in the gaining entity.
  • However, it does so only for interests that are owned by entities involved in the value shift.


    TABLE OF SECTIONS
    TABLE OF SECTIONS
    727-5 What is an indirect value shift?
    727-10 How does this Division deal with indirect value shifts?
    727-15 When does an indirect value shift have consequences under this Division?
    727-25 Effect of this Division on realisations at a loss that occur before the nature or extent of an indirect value shift can be fully determined


     

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