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This edited version has been archived due to the length of time since original publication. It should not be regarded as indicative of the ATO's current views. The law may have changed since original publication, and views in the edited version may also be affected by subsequent precedents and new approaches to the application of the law.

You cannot rely on this record in your tax affairs. It is not binding and provides you with no protection (including from any underpaid tax, penalty or interest). In addition, this record is not an authority for the purposes of establishing a reasonably arguable position for you to apply to your own circumstances. For more information on the status of edited versions of private advice and reasons we publish them, see PS LA 2008/4.

Edited version of your private ruling

Authorisation Number: 1012672227848

Ruling

Subject: Whether a company is a private or public company under section 103A of the

Question 1

Is Company X Limited a public company for the purposes of subsection 103A(2) of the Income Tax Assessment Act 1936 for the year ended 30 June 2014?

Answer

No.

Question 2

If the answer to question 1 is no, would the Commissioner exercise his discretion under subsection 103A(5) of the Income Tax Assessment Act 1936 to deem Company X to be a public company for the year ended 30 June 2014?

Answer

Yes.

This ruling applies for the following periods:

Income year ended 30 June 2014

The scheme commences on:

1 July 2013


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