Income Tax Assessment Act 1997

CHAPTER 3 - SPECIALIST LIABILITY RULES  

PART 3-95 - VALUE SHIFTING  

Division 727 - Indirect value shifting affecting interests in companies and trusts, and arising from non-arm ' s length dealings  

Subdivision 727-G - 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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