Disclaimer This edited version has been archived due to the length of time since original publication.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