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Off-market share buy backs

Last updated 27 May 2020

If you disposed of shares to a company under a buy-back arrangement, you may have made a capital gain or capital loss. A part of the buy-back price may be treated as a dividend for tax purposes. The time you make the capital gain or capital loss will depend on the particular buy-back offer.

If the information provided by the company or any class ruling that has been issued in relation to the buy-back is not sufficient for you to calculate your capital gain or capital loss, you may need to seek advice from us or a recognised tax adviser.

For more information about off-market share buy-backs, see:

  • Taxation Determination TD 2004/22 Income tax: for off-market share buy-backs of listed shares, whether the buy-back price is set by tender process or not, what is the market value of the share for the purposes of subsection 159GZZZQ(2) of the Income Tax Assessment Act 1936?
  • any class ruling that has been issued in relation to the buy-back.

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