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  

Subdivision 727-H - The adjustable value method  

Uplifts of adjustable value

SECTION 727-810   Scaling-down formula  

727-810(1)    
The scaling-down formula for the purposes of section 727-800 is:

The *disaggregated attributable increase

×

Total reductions for affected interests Total *disaggregated attributable decreases

Note:

The numerator in the fraction can never exceed the denominator. This means that the fraction can never exceed 1, so the uplift will never exceed the disaggregated attributable increase.

727-810(2)    

For the purposes of the formula:

total disaggregated attributable decreases
means the total of:

(a) all ^* disaggregated attributable decreases that the ^* indirect value shift has produced, in the *market values of ^* affected interests in the ^* losing entity, for the entities that owned those interests immediately before the ^* IVS time; and

(b) if:

(i) section 727-850 (as applying to the ^* scheme from which the indirect value shift results) reduces losses that are ^* realised for income tax purposes by ^* realisation events happening before the ^* IVS time to ^* equity or loan interests, or to ^* indirect equity or loan interests, in the losing entity; and

(ii) the indirect value shift is the only indirect value shift, or is the greater or greatest of 2 or more indirect value shifts, that results from the scheme and for which the losing entity is the losing entity;

for each of those realisation events, the amounts that would, if:

(iii) the ^* presumed indirect value shift were an indirect value shift; and

(iv) the IVS time for the presumed indirect value shift were the time of that realisation event;

be the disaggregated attributable decreases that the presumed indirect value shift has produced, in the market value of the equity or loan interests to which that realisation event happened, for the entities that owned those interests immediately before the time of that realisation event.

total reductions for affected interests
means the total of:

(a) all reductions under this Division, because of the indirect value shift, of ^* adjustable values of affected interests in the losing entity; and

(b) if paragraph (b) of the definition of total disaggregated attributable decreases applies - the amounts by which section 727-850 reduces the losses (if any) referred to in that paragraph.