(1) This section applies in relation to each unequally structured company if:
(a) despite section 167 - 15, the unsatisfied condition cannot be worked out; and
(b) on the last day of the test period or at the test time (as appropriate), there is * on issue in that company one or more classes of * shares (the secondary share classes ) other than:
(i) the class or classes of ordinary or common shares that represent the majority of that company's value; and
(c) it is reasonable to conclude that the total * market value of the secondary share classes does not exceed 25% of the total market value of all of that company's shares (other than debt interests); and
(d) for one or more of the secondary share classes, it is reasonable to conclude that the market value of each of them does not exceed 10% of the total market value of all of that company's shares (other than debt interests).
Note: This section can apply separately for each unequally structured company.
(2) For the purposes of subsection (1), use * market values on the last day of the test period, or at the test time, (as appropriate).
(3) The unsatisfied condition may be reconsidered by disregarding:
(a) those of the secondary share classes that, under paragraph (1)(d), caused this section to apply; and
(b) any * debt interests in that company.
(4) The way an entity prepares its * income tax return is
sufficient evidence of it choosing to work out the unsatisfied condition under
subsection (3).