INCOME TAX ASSESSMENT ACT 1936 (ARCHIVE)
PART IIIA
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CAPITAL GAINS AND CAPITAL LOSSES
Division 19B
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Share value shifting arrangements
SECTION 160ZZRO
MATERIAL DECREASE
,
MATERIAL INCREASE
AND
TOTAL MARKET VALUE INCREASE
160ZZRO(1)
``Material decrease''.
(a) the sum of the percentage of the current decrease and the percentages of all other decreases (if any) in the market value of the share as a result of share value shifts under the same arrangement (whether before or after the current decrease) is at least 5%; or
(b) the sum of all decreases in the market value of all shares whose market value is decreased as a result of share value shifts at any time under the same arrangement is at least $100,000. 160ZZRO(2) ``Material increase''.
(a) the sum of the percentage of the current increase and the percentages of all other increases (if any) in the market value of the share as a result of share value shifts under the same arrangement (whether before or after the current increase) is at least 5%; or
(b) the sum of all increases in the market value of all shares whose market value is increased as a result of share value shifts at any time under the same arrangement is at least $100,000. 160ZZRO(3) ``Total market value increase''.
(a) all increases in market value of all shares whose market value is increased as a result of the share value shifts; and
(b) all increases in market value of all other shares whose market value is increased, where it is reasonable to conclude that the doing of the thing mentioned in paragraph 160ZZRM(1)(a) in relation to any of the share value shifts caused the increase.
View history note
Hide history noteA decrease (the ``current decrease'' ) in the market value of a share involved in a share value shift is a ``material decrease'' if:
(a) the sum of the percentage of the current decrease and the percentages of all other decreases (if any) in the market value of the share as a result of share value shifts under the same arrangement (whether before or after the current decrease) is at least 5%; or
(b) the sum of all decreases in the market value of all shares whose market value is decreased as a result of share value shifts at any time under the same arrangement is at least $100,000. 160ZZRO(2) ``Material increase''.
An increase (the ``current increase'' ) in the market value of a share involved in a share value shift is a ``material increase'' if:
(a) the sum of the percentage of the current increase and the percentages of all other increases (if any) in the market value of the share as a result of share value shifts under the same arrangement (whether before or after the current increase) is at least 5%; or
(b) the sum of all increases in the market value of all shares whose market value is increased as a result of share value shifts at any time under the same arrangement is at least $100,000. 160ZZRO(3) ``Total market value increase''.
The ``total market value increase'' in respect of an arrangement under which one or more share value shifts take place is the sum of:
(a) all increases in market value of all shares whose market value is increased as a result of the share value shifts; and
(b) all increases in market value of all other shares whose market value is increased, where it is reasonable to conclude that the doing of the thing mentioned in paragraph 160ZZRM(1)(a) in relation to any of the share value shifts caused the increase.
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