Income Tax Assessment Act 1997
CHAPTER 3
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SPECIALIST LIABILITY RULES
PART 3-95
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VALUE SHIFTING
If the * indirect value shift is a * 95% services indirect value shift, this Subdivision does not apply to a * realisation event that:
(a) happens to an * affected interest in the * losing entity that is owned by an entity (the owner ); and
(b) is covered by subsection 727-610(2) ;
(c) the conditions in section 727-705 are met for the indirect value shift; or
(d) the conditions in section 727-710 , 727-715 or 727-720 are met for the indirect value shift and for that realisation event. 727-700(2)
An * indirect value shift is a 95% services indirect value shift if, and only if, to the extent of at least 95% of their total *market value, the * greater benefits consist entirely of:
(a) a right to have services that are covered by section 727-240 provided directly by the * losing entity to the * gaining entity; or
(b) services that are covered by section 727-240 and have been, are being, or are to be, so provided;
This section does not limit any other exclusion in this Subdivision or in Subdivision 727-C .
Division 727
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Indirect value shifting affecting interests in companies and trusts, and arising from non-arm
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s length dealings
Subdivision 727-G
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The realisation time method
Further exclusion for certain 95% services indirect value shifts if realisation time method must be used
SECTION 727-700
When 95% services indirect value shift is excluded
727-700(1)
If the * indirect value shift is a * 95% services indirect value shift, this Subdivision does not apply to a * realisation event that:
(a) happens to an * affected interest in the * losing entity that is owned by an entity (the owner ); and
(b) is covered by subsection 727-610(2) ;
unless:
(c) the conditions in section 727-705 are met for the indirect value shift; or
(d) the conditions in section 727-710 , 727-715 or 727-720 are met for the indirect value shift and for that realisation event. 727-700(2)
An * indirect value shift is a 95% services indirect value shift if, and only if, to the extent of at least 95% of their total *market value, the * greater benefits consist entirely of:
(a) a right to have services that are covered by section 727-240 provided directly by the * losing entity to the * gaining entity; or
(b) services that are covered by section 727-240 and have been, are being, or are to be, so provided;
or both.
727-700(3)This section does not limit any other exclusion in this Subdivision or in Subdivision 727-C .
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