Income Tax Assessment Act 1997

CHAPTER 3 - SPECIALIST LIABILITY RULES  

PART 3-5 - CORPORATE TAXPAYERS AND CORPORATE DISTRIBUTIONS  

Division 164 - Non-share capital accounts for companies  

Operative provisions  

SECTION 164-10   Non-share capital account  

164-10(1)    
A company has a non-share capital account if:

(a) the company issues a *non-share equity interest in the company on or after 1 July 2001; or

(b) the company has issued a non-share equity interest in the company before 1 July 2001 that is still in existence on 1 July 2001; or

(c) a *debt interest in the company changes at a particular time (the change time ) to an *equity interest in the company because of subsection 974-110(1) or (2) ; or

(d) the following conditions are satisfied in relation to an interest in the company:

(i) immediately before subsection 974-75(4) ceases to have effect, the interest is taken to be a debt interest in the company because of that subsection;

(ii) the interest is an equity interest in the company at the time (the change time ) that is immediately after that cessation;

(iii) subsection 974-75(6) does not apply to the interest in relation to the income year that includes the change time; or

(e) the following conditions are satisfied in relation to an interest in the company:

(i) subsection 974-75(6) applies to the interest in relation to a particular income year;

(ii) that subsection does not apply to the interest in relation to the next income year;

(iii) the interest is an equity interest in the company at the time (the change time ) that is the start of that next income year.

164-10(2)    
The account continues in existence even if the company ceases to have any *non-share equity interests on issue.

164-10(3)    
The balance of the account cannot fall below nil.

164-10(4)    
The only credits and debits that may be made to the account are those provided for in sections 164-15 and 164-20 .