Commonwealth Consolidated Acts

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INCOME TAX ASSESSMENT ACT 1936 - SECT 353

Control tracing interest in a company

  (1)   Subject to this section, an entity (in this subsection called the lower entity ) holds a control tracing interest in a company at a particular time equal to the direct control interest in the company that the lower entity holds at that time.

  (2)   An entity (in this subsection called the lower entity ) holds a control tracing interest in a company at a particular time equal to 100% if:

  (a)   the aggregate of the direct control interests in the company held at that time by the lower entity and its associates is not less than 50%; or

  (b)   both of the following conditions are satisfied:

  (i)   the aggregate of the direct control interests in the company held at that time by the lower entity and its associates is not less than 40%;

  (ii)   at that time, the company is not controlled by a group of entities not being or including the lower entity or any of its associates; or

  (c)   at that time, the company is controlled by the lower entity, either alone or together with associates.


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