INCOME TAX ASSESSMENT ACT 1997

CHAPTER 3 - SPECIALIST LIABILITY RULES  

PART 3-5 - CORPORATE TAXPAYERS AND CORPORATE DISTRIBUTIONS  

Division 165 - Income tax consequences of changing ownership or control of a company  

Subdivision 165-D - Tests for finding out whether the company has maintained the same owners  

Rules affecting the operation of the tests

SECTION 165-185   Shares treated as not having carried rights  

165-185(1)  
In applying a test for the purposes of this Division other than Subdivision 165-CC , *shares are taken not to have carried particular rights during a part of the *ownership test period if the Commissioner is satisfied that:


(a) the shares stopped carrying those rights after the ownership test period; or


(b) the shares will or may stop carrying those rights after the ownership test period;

because of:


(c) the company's *constitution as in force at some time during the ownership test period; or


(d) an *arrangement entered into before or during the ownership test period.

165-185(2)  
In applying a test for the purposes of Subdivision 165-CC , *shares are taken not to have carried particular rights after a particular time if the Commissioner is satisfied that:


(a) the shares stopped carrying those rights after that time; or


(b) the shares will or may stop carrying those rights after that time;

because of:


(c) the company's *constitution as in force at any time; or


(d) an *arrangement entered into at any time.


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