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This edited version has been archived due to the length of time since original publication.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.

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Edited version of your written advice

Authorisation Number: 1012796037653

Ruling

Subject: Commissioners discretion

The Applicant asked whether under subsection 149-60(1) of the ITAA 1997 the Commissioner would be satisfied or think it reasonable to assume that at the end of the test day majority underling interests in a company were also had by ultimate owners who had majority underlying interests in the asset at the end of the starting day. The Commissioner was satisfied by the evidence provided by the Applicant.