Taxation Laws Amendment Act (No. 5) 2003 (142 of 2003)
Schedule 3 Thin Capitalisation: amendments taking effect on 1 July 2003
Part 1 Definition of equity capital and related concepts
Income Tax Assessment Act 1997
11 Subsection 995-1(1) (definition of equity capital )
Repeal the definition, substitute:
equity capital of an entity at a particular time means the total of the following as at that time:
(a) the issue price (however described) of each *equity interest in the entity that is still *on issue, reduced by so much (if any) of the issue price as remains unpaid;
(b) the entity's general reserves and asset revaluation reserves;
(c) the entity's retained earnings;
(d) the entity's net earnings (if any) for the current year, reduced by:
(i) the *tax the entity expects to pay in respect of those net earnings; and
(ii) so much of each distribution to the entity's *members that has been made or declared as at that time as is attributable to the entity's earnings for the current year;
(e) if the entity is a *corporate tax entity - provisions for *distributions of profit;
(f) if paragraph (e) does not apply - provisions for distributions to the entity's *members;
reduced by the total of the following as at that time:
(g) the entity's negative retained earnings (if any);
(h) the entity's net loss (if any) for the current year.
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