Income Tax Assessment Act 1997
CHAPTER 3
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SPECIALIST LIABILITY RULES
PART 3-10
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FINANCIAL TRANSACTIONS
Division 247
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Capital protected borrowings
Operative provisions
SECTION 247-15
Application of this Division
247-15(1)
This Division applies to a * capital protected borrowing only if the protected thing is a beneficial interest in:
(a) a * share, a unit in a unit trust or a stapled security; or
(b) an entity that holds a beneficial interest in a share, unit in a unit trust or stapled security either directly, or indirectly through one or more interposed entities.
247-15(2)
This Division applies only to borrowers under * capital protected borrowings.
247-15(3)
This Division does not apply to a * capital protected borrowing if:
(a) an * ESS interest is acquired under the borrowing; and
(b) Subdivision 83A-B or 83A-C (about employee share schemes) applies to the ESS interest.
247-15(4)
This Division does not apply to a * capital protected borrowing entered into before 1 July 2007 (except to the extent that it is extended on or after that day) unless the * share, unit in a unit trust or stapled security is listed for quotation in the official list of an * approved stock exchange.
247-15(5)
This Division does not apply to a * capital protected borrowing entered into on or after 1 July 2007 if:
(a) the protected thing is a beneficial interest in:
(b) one of these conditions is satisfied:
View history note
Hide history noteThis Division applies to a * capital protected borrowing only if the protected thing is a beneficial interest in:
(a) a * share, a unit in a unit trust or a stapled security; or
(b) an entity that holds a beneficial interest in a share, unit in a unit trust or stapled security either directly, or indirectly through one or more interposed entities.
247-15(2)
This Division applies only to borrowers under * capital protected borrowings.
247-15(3)
This Division does not apply to a * capital protected borrowing if:
(a) an * ESS interest is acquired under the borrowing; and
(b) Subdivision 83A-B or 83A-C (about employee share schemes) applies to the ESS interest.
247-15(4)
This Division does not apply to a * capital protected borrowing entered into before 1 July 2007 (except to the extent that it is extended on or after that day) unless the * share, unit in a unit trust or stapled security is listed for quotation in the official list of an * approved stock exchange.
247-15(5)
This Division does not apply to a * capital protected borrowing entered into on or after 1 July 2007 if:
(a) the protected thing is a beneficial interest in:
(i) a * share, unit or stapled security that is not listed for quotation in the official list of an * approved stock exchange; or
(ii) an entity that holds a beneficial interest in a share, unit in a unit trust or stapled security either directly, or indirectly through one or more interposed entities, that is not so listed; and
(b) one of these conditions is satisfied:
(i) for a non-listed share - the company is not a * widely held company;
(ii) for a non-listed unit - the trust is not a widely held unit trust as defined in section 272-105 in Schedule 2F to the Income Tax Assessment Act 1936 ;
(iii) for a non-listed stapled security - any company involved is not a widely held company and any trust involved is not such a widely held unit trust.