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Improving the integrity of off-market share buy-backs

The government will improve tax system integrity by aligning the treatment of off-market and on-market share buy-backs.

Last updated 10 December 2023

On 25 October 2022, as part of the 2022–23 BudgetThis link will download a file, the government announced it would amend the law to improve the integrity of the tax system by aligning the tax treatment of off-market share buy-backs undertaken by listed public companies with the treatment of on-market share buy-backs. This measure is now law.

The amendments prevent any part of the buy-back price being treated as a dividend. Instead, the entire buy-back price will be treated as capital proceeds. The amendments also include changes in respect of selective share cancellations to ensure alignment across capital management activities for listed public companies.

The amendments apply to off-market share buy-backs carried out by listed public companies made on or after 7:30 pm AEDT 25 October 2022, and selective share cancellations announced on or after 18 November 2022.


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