Treasury Laws Amendment (2023 Measures No. 1) Act 2023 (101 of 2023)

Schedule 4   Off-market share buy-backs

Part 2   Selective share cancellations

Income Tax Assessment Act 1997

20   Subsection 205-30(1) (before table item 10)

Insert:

9B

the entity makes a *distribution to which paragraph 202-45(k) applies (consideration for cancellation of membership interest as part of selective reduction of capital)

an amount equal to the debit that would have arisen if:

(a) the distribution were a *frankable distribution equal to the one that would have arisen if the entity were not a *listed public company; and

(b) the distribution were *franked at the entity's *benchmark franking percentage for the *franking period in which the distribution was made or, if the entity does not have a benchmark franking percentage for the period, at a *franking percentage of 100%

on the day on which the distribution is made


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