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INCOME TAX ASSESSMENT ACT 1997 - SECT 197.38

Exclusion for transfers connected with demutualisations of friendly society health or life insurers

  (1)   Subject to subsection   (2), this Division does not apply to the transferred amount if:

  (a)   the amount is transferred in connection with a demutualisation of a company; and

  (b)   Division   316 (about demutualisations of friendly society health and life insurers) applies in relation to the demutualisation; and

  (c)   the company (the issuing company ) to whose * share capital account the amount is transferred is either:

  (i)   the * friendly society described in that Division; or

  (ii)   the company that owns all the shares in the friendly society.

  (2)   Subsection   (1) does not stop this Division from applying to so much, if any, of the transferred amount as exceeds the sum of the * cost bases of * shares in the issuing company that:

  (a)   are demutualisation assets (see section   316 - 110); and

  (b)   are issued to an entity covered by section   316 - 115.

Note:   Section   316 - 115 identifies entities connected directly or indirectly with the friendly society and affected by the special cost base rules in section   316 - 105.

  (3)   For the purposes of subsection   (2), work out the * cost base of a * share on the day on which it is issued, taking account of section   316 - 105.



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