Commonwealth Consolidated Acts

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INCOME TAX ASSESSMENT ACT 1997 - SECT 974.45

Valuation of financial benefits--convertible interests

  (1)   This section deals with the situation in which a * scheme gives rise to an * interest that will or may convert into an * equity interest in a company.

  (2)   The life of the interest ends no later than the time when it converts into that * equity interest.

  (3)   The possibility of the conversion is to be disregarded in working out the length of the life of the interest arising from the * scheme for the purposes of section   974 - 35 if it is uncertain:

  (a)   whether the interest will ever convert; or

  (b)   when the interest will convert.

Note:   Section   974 - 40 deals with the situation in which a party to the scheme may exercise a right or option to convert the interest.

  (4)   This section does not limit subsection   974 - 35(2).


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