Commonwealth Consolidated Acts

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INCOME TAX ASSESSMENT ACT 1997 - SECT 166.3

The object of this Division

  (1)   The object of this Division is to make it easier for a * widely held company, or an * eligible Division   166 company, to apply the rules in Division   165 (because of the difficulty the company might have under that Division in actually tracing through to the ultimate beneficial owners of * voting stakes, * dividend stakes and * capital stakes in the company).

  (2)   This Division makes it easier to apply the rules in Division   165 by:

  (a)   making it unnecessary for the company to prove that it has maintained the same owners throughout a period, if the company had the same owners at certain test times; and

  (b)   making it unnecessary for the company to trace through to the ultimate beneficial owners of:

  (i)   * voting stakes, * dividend stakes and * capital stakes in the company held by certain entities (whether directly, or * indirectly through one or more interposed entities); and

  (ii)   small voting stakes, dividend stakes and capital stakes in the company.

Table of sections

166 - 5   How Subdivision   165 - A applies to a widely held or eligible Division   166 company

166 - 15   Companies can choose that this Subdivision is not to apply to them


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