| Disclaimer 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: 1052253835624
Date of advice: 3 December 2024
Ruling
Subject: Dividend access share scheme arrangement
Question 1
Is the arrangement a scheme to which section 177F of the Income Tax Assessment Act 1936 (ITAA 1936) applies?
Answer
No.
Question 2
Is the arrangement a scheme to which section 177E of the ITAA 1936 applies?
Answer
No.
Question 3
Is the arrangement a scheme to which section 177EA of the ITAA 1936 applies?
Answer
No.
Question 4
Will the arrangement give rise to a taxing event generating a gain under Division 725 of the Income Tax Assessment Act 1997 (ITAA 1997)?
Answer
No.
This ruling applies for the following periods:
1 July 20XX to 30 June 20XX
The scheme commenced on:
DD MM 20XX
Relevant facts and circumstances
The Commissioner has been provided with facts outlining the scheme involving dividend access share arrangement.
Relevant legislative provisions
Income Tax Assessment Act 1936 section 177A
Income Tax Assessment Act 1936 section177C
Income Tax Assessment Act 1936 section177CB
Income Tax Assessment Act 1936 section177D
Income Tax Assessment Act 1936 section177EA
Income Tax Assessment Act 1936 section177F
Income Tax Assessment Act 1997 Division725
Income Tax Assessment Act 1997 section725-50
Income Tax Assessment Act 1997 section725-90
Income Tax Assessment Act 1997 section725-145
Income Tax Assessment Act 1997 section725-150
Income Tax Assessment Act 1997 section725-245
Income Tax Assessment Act 1997 section725-365
Income Tax Assessment Act 1997 section104-250
Income Tax Assessment Act 1997 section727-520
Income Tax Assessment Act 1997 section104-250
Income Tax Assessment Act 1997 section995-1
Reasons for decision
The Commissioner has ruled favourably for the taxpayer regarding the questions asked in relation to the dividend access share scheme arrangement.