Tax Laws Amendment (2005 Measures No. 5) Act 2005 (162 of 2005)
Schedule 6 Debt and equity interests
Part 1 Related party at call etc. loans
Income Tax Assessment Act 1997
3 At the end of section 164-15
Add:
(5) To avoid doubt, if:
(a) it appears that a credit to the company's *non-share capital account has arisen under this section because an interest in the company appears to be, or have become, an *equity interest at a time in a particular income year; and
(b) because subsection 974-75(6) or 974-110(1A) is subsequently found to apply in relation to the interest and that income year, the interest was not in fact, or did not in fact become, an equity interest at that time;
the credit referred to in paragraph (a) is taken never to have arisen.
Copyright notice
© Australian Taxation Office for the Commonwealth of Australia
You are free to copy, adapt, modify, transmit and distribute material on this website as you wish (but not in any way that suggests the ATO or the Commonwealth endorses you or any of your services or products).