A T O home
Legal Database
Search   
for 
 
Access the database 
Browse database
Searches  
View last document
Quick access 
View legislation
View a document
Email Cross Reference Material Previous/Next Section Contents Previous/Next Result
Printable version
Printable
version

INCOME TAX ASSESSMENT ACT 1997

CHAPTER 3 - SPECIALIST LIABILITY RULES  

PART 3-5 - CORPORATE TAXPAYERS AND CORPORATE DISTRIBUTIONS  

Division 164 - Non-share capital accounts for companies    View history reference

Operative provisions  

SECTION 164-10  Non-share capital account  

 View history reference

164-10(1)  

A company has a non-share capital account if:


(a) the company issues a *non-share equity interest in the company on or after 1 July 2001; or


(b) the company has issued a non-share equity interest in the company before 1 July 2001 that is still in existence on 1 July 2001; or


(c) a *debt interest in the company changes at a particular time (the change time) to an *equity interest in the company because of subsection 974-110(1) or (2); or
 View history reference


(d) the following conditions are satisfied in relation to an interest in the company:

(i) immediately before subsection 974-75(4) ceases to have effect, the interest is taken to be a debt interest in the company because of that subsection;

(ii) the interest is an equity interest in the company at the time (the change time) that is immediately after that cessation;

(iii) subsection 974-75(6) does not apply to the interest in relation to the income year that includes the change time; or
 View history reference


(e) the following conditions are satisfied in relation to an interest in the company:

(i) subsection 974-75(6) applies to the interest in relation to a particular income year;

(ii) that subsection does not apply to the interest in relation to the next income year;

(iii) the interest is an equity interest in the company at the time (the change time) that is the start of that next income year.
 View history reference

164-10(2)  

The account continues in existence even if the company ceases to have any *non-share equity interests on issue.

164-10(3)  

The balance of the account cannot fall below nil.

164-10(4)  

The only credits and debits that may be made to the account are those provided for in sections 164-15 and 164-20.


 



This information is provided by CCH Australia Limited. View the disclaimer and notice of copyright.
Top of page
More information on page