INCOME TAX ASSESSMENT ACT 1936 (ARCHIVE)
In this section:
"convertible note"
means a convertible note within the meaning of Division 12A that is a traditional security within the meaning of section
26BB
.
A taxpayer who acquired units by the conversion of a convertible note acquired after 10 May 1989 and on or before 15 August 1989 is taken, for the purposes of this Part, to have paid as consideration in respect of the acquisition of the units an amount equal to:
(a) if the market value of the units at the time of the conversion is not less than the sum of the consideration paid or given for the acquisition of the convertible note and the amount paid by the taxpayer in respect of the conversion - that market value; or
(b) if the market value of the units at the time of the conversion is less than that sum - the consideration that would be deemed to have been paid or given in respect of the acquisition of the units under section 160ZZA if Division 12A had applied in relation to the convertible note. 160ZZBF(3) [Note acquired after 15 August 1989]
A taxpayer who acquired units by the conversion of a convertible note acquired after 15 August 1989 is taken, for the purposes of this Part, to have paid as consideration in respect of the acquisition of the units an amount equal to the market value of the units at the time of the conversion.
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