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INCOME TAX ASSESSMENT ACT 1997 - SECT 775.180

What this Subdivision is about

A facility agreement is an agreement where:

  (a)   you have a right to issue eligible securities and another entity or entities must acquire the securities; and

  (b)   the economic effect of the agreement is to enable you to obtain finance in a particular foreign currency.

If you choose roll - over relief for a facility agreement:

  (a)   a forex realisation gain or a forex realisation loss you make as a result of forex realisation event 4 is disregarded if the event happens because you discharge your obligation under an eligible security issued by you under the agreement; and

  (b)   if you issue an eligible security under the agreement otherwise than as a result of a roll - over--you are taken to have been given a loan (the notional loan ); and

  (c)   if an eligible security is rolled - over under the agreement--the period of the notional loan is extended by the term of the new security; and

  (d)   forex realisation event 6 happens if you discharge your obligation under the notional loan; and

  (e)   forex realisation event 7 happens if a material variation is made to the agreement.

Table of sections

Operative provisions

775 - 185   What is a facility agreement ?

775 - 190   What is an eligible security ?

775 - 195   You may choose roll - over relief for a facility agreement

775 - 200   Forex realisation event 4 does not apply

775 - 205   What is a roll - over ?

775 - 210   Notional loan

775 - 215   Discharge of obligation to pay the principal amount of a notional loan under a facility agreement--forex realisation event 6

775 - 220   Material variation of a facility agreement--forex realisation event 7


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