Commonwealth Consolidated Acts

INCOME TAX ASSESSMENT ACT 1997 - SECT 725.90

  (1)   The * direct value shift does not have consequences for you under this Division if:

  (a)   the one or more things referred to in paragraph   725 - 145(1)(b) brought about a state of affairs, but for which the direct value shift would not have happened; and

  (b)   as at the time referred to in that paragraph, it is more likely than not that, because of the * scheme, that state of affairs will cease to exist within 4 years after that time.

Example:   Under a scheme, the voting rights attached to a class of shares in a company are changed. As a result, the market value of shares in that class decreases, and the market value of other classes of shares in the company increases. The company's constitution provides that the change is to last for only 3 years.

  (2)   However, this section stops applying if the state of affairs referred to in paragraph   (1)(a) still exists:

  (a)   at the end of those 4 years; or

  (b)   when a * realisation event happens to * down interests or * up interests of which you are, or any other entity is, an * affected owner;

whichever happens sooner.

  (3)   If this section stops applying, it is taken never to have applied to the * direct value shift.

Note:   This may result in an assessment for an earlier income year having to be amended to give effect to the consequences that the direct value shift would have had for you under this Division if this section hadn't applied.