Disclaimer
This edited version has been archived due to the length of time since original publication.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: 1051474108143

Date of advice: 17 January 2019

Ruling

Subject: Concessional tracing rules in Division 166 of the Income Tax Assessment Act 1997

The Commissioner ruled on a public company’s status as a ‘widely held company’ within the meaning of that term in subsection 995-1(1) of the Income Tax Assessment Act 1997 for the purposes of applying the concessional tracing rules in Division 166 of the Income Tax Assessment Act 1997.

Relevant legislative provisions

Income Tax Assessment Act 1936 subsection 6(1)

Income Tax Assessment Act 1997 section 65-40

Income Tax Assessment Act 1997 Division 165

Income Tax Assessment Act 1997 Subdivision 165-A

Income Tax Assessment Act 1997 Subdivision 165-D

Income Tax Assessment Act 1997 subsection 165-208(1)

Income Tax Assessment Act 1997 Division 166

Income Tax Assessment Act 1997 Subdivision 166-A

Income Tax Assessment Act 1997 Subsection 166-5(1)

Income Tax Assessment Act 1997 Subdivision 166-E

Income Tax Assessment Act 1997 section 166-220

Income Tax Assessment Act 1997 subsection 960-130(1)

Income Tax Assessment Act 1997 subsection 995-1(1)

Corporations Act 2001 section 9

Corporations Act 2001 section 436A

Corporations Act 2001 section 437F

Corporations Act 2001 section 450E

Corporations Act 2001 section 451C

Corporations Act 2001 section 541

Corporations Act 2001 section 793C

Corporations Act 2001 section 1101B

Income Tax Assessment Regulations 1997 Regulation 995-1.05

Income Tax Assessment Regulations 1997 Schedule 5

ASX Listing Rules