Draft Taxation Determination

TD 1999/D8

Income tax: interest withholding tax exemption under section 128F of the Income Tax Assessment Act 1936 - for the purposes of the third public offer test in paragraph 128F(3)(c)

what is required to establish that a debenture has been offered for issue as a result of being accepted for listing?
does the issue of a debenture satisfy the public offer test if the listing of the debenture by a stock exchange takes place following the issue where an agreement exists with the dealer, manager or underwriter requiring listing to take place?

  • Please note that the PDF version is the authorised version of this draft ruling.
    This document has been finalised by TD 1999/15.

FOI status:

draft only - for comment


Draft Taxation Determinations (DTDs) present the preliminary, though considered, views of the Australian Taxation Office. DTDs should not be relied on; only final Taxation Determinations represent authoritative statements by the Australian Taxation Office.

1. It is accepted that a debenture has been offered for issue as a result of being accepted for listing where:

an application is made for the debenture, or a tranche or series of debentures that includes the debenture, or the programme under the debenture or such tranche or series is issued, to be admitted to, or accepted for, listing on a stock exchange whether or not subject to conditions; and
the company has previously entered into an agreement with its dealer, manager or underwriter that requires the company to seek such a listing and to endeavour to maintain the listing.

2. It is expected an application would be made and the debenture be admitted to, or accepted for, listing as soon as practicable after the issue of the debenture.

3. No further evidence is generally required to establish the debenture is offered for issue as a result of and it being accepted for listing.

4. It is accepted that debentures would satisfy the third public offer test where the company has agreed with its dealers, managers, or underwriters to have the debentures listed on a stock exchange following issue, and the debentures are so listed following the issue.

Your comments

5. If you wish to comment on this draft Determination, please send your comments promptly by Friday 26 February 1999 to:

Contact officer details have been removed following publication of the final ruling.

Commissioner of Taxation
27 January 1999


ATO references:
NO 97/6464-0; 99/658-1

ISSN 1038 - 8982

Related Rulings/Determinations:

TD 1999/D1
TD 1999/D2
TD 1999/D3
TD 1999/D4
TD 1999/D5
TD 1999/D6
TD 1999/D7
TD 1999/D9
TD 1999/D10
TD 1999/D11
TD 1999/D12
TD 1999/D13
TD 1999/D14
TD 1999/D15
TD 1999/D16
TD 1999/D17
TD 1999/D18
TD 1999/D19

Legislative References:
ITAA 128F(3)(c)