Income Tax Assessment Act 1997
CHAPTER 3
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SPECIALIST LIABILITY RULES
PART 3-5
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CORPORATE TAXPAYERS AND CORPORATE DISTRIBUTIONS
Division 167
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Companies whose shares carry unequal rights to dividends, capital distributions or voting power
An entity may choose whether voting power in the company at a particular time is worked out solely by reference to:
(a) the maximum number of votes that could be cast on a poll on the election of a director of the company, if such a poll were to be held at that time; or
(b) the maximum number of votes that could be cast on a poll on an amendment to the company ' s *constitution, other than an amendment altering:
The way the entity prepares its *income tax return is sufficient evidence of it making a choice under subsection (1).
Subdivision 167-B
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Voting power
Operative provisions
SECTION 167-85
Different method for working out voting power
167-85(1)
An entity may choose whether voting power in the company at a particular time is worked out solely by reference to:
(a) the maximum number of votes that could be cast on a poll on the election of a director of the company, if such a poll were to be held at that time; or
(b) the maximum number of votes that could be cast on a poll on an amendment to the company ' s *constitution, other than an amendment altering:
(i) the rights carried by any of the company ' s *shares; or
if such a poll were to be held at that time. 167-85(2)
(ii) other forms of voting power in the company;
The way the entity prepares its *income tax return is sufficient evidence of it making a choice under subsection (1).
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