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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 private advice

Authorisation Number: 1052093268950

Date of advice: 2 March 2023

Ruling

Subject: Capital raising

The Edited Version has been prepared in the following form in order to protect the privacy of this taxpayer and the commercial in-confidence components of this particular arrangement.

The Commissioner issued a ruling on a proposed capital raising transaction covering the following provisions:

Relevant legislative provisions

Income Tax Assessment Act 1936 subsection 45C(3)

Income Tax Assessment Act 1936 section 177EA

Income Tax Assessment Act 1997 section 6-5

Income Tax Assessment Act 1997 section 104-35

Income Tax Assessment Act 1997 Division 197

Income Tax Assessment Act 1997 section 202-40

Income Tax Assessment Act 1997 section 204-15

Income Tax Assessment Act 1997 section 204-30

Income Tax Assessment Act 1997 paragraph 230-40(4)(e)

Income Tax Assessment Act 1997 subsection 230-50(1)

Income Tax Assessment Act 1997 subsection 230-440(1)

Income Tax Assessment Act 1997 section 245-10

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