Income Tax Assessment Act 1997
A person is in a position to affect rights of a company in relation to another company if the person has a right, power or option:
(a) to acquire those rights from one or other of those companies; or
(b) to do something that would prevent one or other of those companies from exercising its rights for its own benefit, or from receiving any benefit arising from having those rights.
975-150(2)
It does not matter whether the person has the right, power or option because of the * constitution of one or other of those companies, any agreement or otherwise.
975-150(3)
However, the right, power or option of an owner of * ownership interests in the * head entity of a * demerger group to * acquire, under a * demerger, ownership interests in the * demerged entity is not a right, power or option covered by subsection (1).
This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.