Income Tax Assessment Act 1936
SCHEDULE 2F
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TRUST LOSSES AND OTHER DEDUCTIONS
Division 272
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Interpretation
Subdivision 272-L
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Listed public company
SECTION 272-135
LISTED PUBLIC COMPANY
Basic meaning
272-135(1)
A listed public company is a company whose shares (except those that carry a right to a fixed rate of dividend) are listed for quotation in the official list of an approved stock exchange.
Exceptions
272-135(2)
However, a company is not a listed public company if:
(a) a person (who is not a company) controls, or is able to control, or up to 20 persons (none of them companies) between them control, or are able to control, 75% or more of the voting power in the company (whether directly, or indirectly through one or more interposed companies, partnerships or trusts); or
(b) a person (who is not a company) has, or up to 20 persons (none of them companies) have between them, the right to receive for their own benefit (whether directly, or indirectly through one or more interposed companies, partnerships or trusts) 75% or more of any dividends that the company may pay; or
(c) a person (who is not a company) has, or up to 20 persons (none of them companies) have between them, the right to receive for their own benefit (whether directly, or indirectly through one or more interposed companies, partnerships or trusts) 75% or more of any distribution of capital of the company.
Meaning of right to receive dividends or distribution of capital indirectly
272-135(3)
For the purposes of subsection (2), persons have the right to receive dividends or a distribution of capital of a company indirectly for their own benefit if they would receive the dividends or capital for their own benefit if:
(a) the company were to pay the dividends or distribute the capital; and
(b) the dividends or capital were then successively paid or distributed by each company, partnership or trust interposed between the company and those persons.
Meaning of distribute
272-135(4)
Section 272-50 is disregarded in determining the meaning of distribute in paragraphs (3)(a) and (b).
View history note
Hide history noteBasic meaning
272-135(1)
A listed public company is a company whose shares (except those that carry a right to a fixed rate of dividend) are listed for quotation in the official list of an approved stock exchange.
Exceptions
272-135(2)
However, a company is not a listed public company if:
(a) a person (who is not a company) controls, or is able to control, or up to 20 persons (none of them companies) between them control, or are able to control, 75% or more of the voting power in the company (whether directly, or indirectly through one or more interposed companies, partnerships or trusts); or
(b) a person (who is not a company) has, or up to 20 persons (none of them companies) have between them, the right to receive for their own benefit (whether directly, or indirectly through one or more interposed companies, partnerships or trusts) 75% or more of any dividends that the company may pay; or
(c) a person (who is not a company) has, or up to 20 persons (none of them companies) have between them, the right to receive for their own benefit (whether directly, or indirectly through one or more interposed companies, partnerships or trusts) 75% or more of any distribution of capital of the company.
Meaning of right to receive dividends or distribution of capital indirectly
272-135(3)
For the purposes of subsection (2), persons have the right to receive dividends or a distribution of capital of a company indirectly for their own benefit if they would receive the dividends or capital for their own benefit if:
(a) the company were to pay the dividends or distribute the capital; and
(b) the dividends or capital were then successively paid or distributed by each company, partnership or trust interposed between the company and those persons.
Meaning of distribute
272-135(4)
Section 272-50 is disregarded in determining the meaning of distribute in paragraphs (3)(a) and (b).
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