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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: 1052141046940

Date of advice: 18 July 2023

Ruling

Subject: Capital return

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 that relates to the following provisions:

Section 6(1) of the Income Tax Assessment Act 1997

Section 6(4) of the Income Tax Assessment Act 1997

Section 45A of the Income Tax Assessment Act 1936

Section 45B of the Income Tax Assessment Act 1936

Section 45D of the Income Tax Assessment Act 1936