Commonwealth Consolidated Acts

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INCOME TAX ASSESSMENT ACT 1997 - SECT 208.140

Membership of the same effectively wholly-owned group

                 (1)    Two * corporate tax entities are members of the same effectively wholly-owned group of entities on a particular day if:

                            (a)    throughout that day, not less than 95% of the * accountable membership interests in each of the entities, and not less than 95% of the * accountable partial interests in each of the entities, are held by, or are held indirectly for the benefit of, the same persons; or

                            (b)    paragraph (a) does not apply but it would nevertheless be reasonable to conclude, having regard to the matters mentioned in subsection (2), that, throughout that day, the risks involved in, and the opportunities resulting from, holding accountable membership interests, or accountable partial interests, in each of the entities are substantially borne by, or substantially accrue to, the same persons.

                 (2)    The matters to which regard is to be had as mentioned in paragraph (1)(b) are:

                            (a)    any special or limited rights attaching to * accountable membership interests, or * accountable partial interests, in each of the entities held by persons other than the persons mentioned in paragraph (1)(b) or their * associates; and

                            (b)    any special rights attaching only to accountable membership interests, or accountable partial interests, in each of the entities held by the persons mentioned in paragraph (1)(b) or their associates; and

                            (c)    the respective proportions:

                                       (i)    that accountable membership interests in each of the entities held by the persons mentioned in paragraph (1)(b) or their associates, and other accountable membership interests in the entity concerned, bear to all the accountable membership interests in that entity; and

                                      (ii)    that accountable partial interests in each of the entities held by the persons mentioned in paragraph (1)(b) or their associates, and other accountable partial interests in the entity concerned, bear to all the accountable partial interests in that entity; and

                            (d)    the respective proportions that:

                                       (i)    the total value of accountable membership interests in each of the entities held by the persons mentioned in paragraph (1)(b) or their associates, and the total value of other accountable membership interests in the entity concerned, bear to the total value of all the accountable membership interests in that entity; and

                                      (ii)    the total value of accountable partial interests in each of the entities held by the persons mentioned in paragraph (1)(b) or their associates, and the total value of other accountable partial interests in the entity concerned, bear to the total value of all the accountable partial interests in that entity; and

                            (e)    the purposes for which accountable membership interests, or accountable partial interests, in each of the entities were issued or granted to persons other than the persons mentioned in paragraph (1)(b) or their associates; and

                             (f)    any * arrangement in respect of accountable membership interests, or accountable partial interests, in each of the entities held by persons other than the persons mentioned in paragraph (1)(b) or their associates (including any derivatives held or issued in connection with those membership interests or interests) of which the entity concerned is aware.



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