Income tax: interest withholding tax exemption under section 128F of the Income Tax Assessment Act 1936 - does an issue of a debenture fail the public offer test in subsection 128F(5) if an associate of the company that issued the debenture takes a security interest over the debenture?
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FOI status:may be releasedFOI number: I 1018682
1. No, unless the security interest is held by way of mortgage or similar security and at the time of issue the issuing company knew or had reasonable grounds to suspect an interest in the debenture was being, or would later be, acquired by an associate.
2. Whether reasonable grounds exist is, of course, a question of fact to be determined in the light of the individual facts and circumstances of each case. Although reasonable care must be taken, a detailed examination into this matter would not be expected at or before the date of issue.
Commissioner of Taxation
12 May 1999
NO 97/6464-0; 99/658-1