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Edited version of private advice
Authorisation Number: 1051705235999
Date of advice: 26 June 2020
Ruling
Subject: Creation of a new stapled structure
Question 1
Will CGT event C2 happen in accordance with section 104-25 of the Income Tax Assessment Act 1997 (ITAA 1997) upon the redemption of the foundation units of the Aus Trust held by Aus Co?
Answer
Yes.
Question 2
Will the Commissioner make a determination under section 177F of the Income Tax Assessment Act 1936 (ITAA 1936) that Part IVA of the ITAA 1936 applies to cancel the tax benefits identified in relation to the scheme to restructure Aus Co which involves the creation a stapled structure with Aus Trust?
Answer
No.