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NEW BUSINESS TAX SYSTEM (TAXATION OF FINANCIAL ARRANGEMENTS) ACT (NO. 1) 2003 - SCHEDULE 2

Convertible interests

 

Income Tax Assessment Act 1997

1   Paragraph 122 - 25(4)(a)

Omit " * convertible note", substitute " * convertible interest".

2   Paragraph 122 - 25(4)(b)

Omit "convertible note", substitute "convertible interest".

3   Paragraph 122 - 135(4)(a)

Omit " * convertible note", substitute " * convertible interest".

4   Paragraph 122 - 135(4)(b)

Omit "convertible note", substitute "convertible interest".

5   Paragraph 126 - 50(3)(a)

Omit " * convertible note", substitute " * convertible interest".

6   Paragraph 126 - 50(3)(b)

Omit "convertible note", substitute "convertible interest".

7   Subsection 130 - 60(1) (table)

Repeal the table, substitute:

 

Conversion of a convertible interest

Item

In this situation:

The modification is...

1

You * acquire * shares or units in a unit trust by converting a * convertible interest that is a * traditional security.

The first element of the * cost base of the shares or units is the sum of:

(a) the cost base of the convertible interest at the time of conversion; and

(b) any amount paid to convert the convertible interest, except to the extent that the amount is represented in the paragraph   ( a) amount; and

(c) all the amounts to be added under subsection   ( 1A).

The first element of their * reduced cost base is worked out similarly.

2

You * acquire * shares (except shares acquired under an * employee share scheme) by converting a * convertible interest that is not a * traditional security.

The first element of the * cost base of the shares is the sum of:

(a) the cost base of the convertible interest at the time of conversion; and

(b) any amount paid to convert the convertible interest, except to the extent that the amount is represented in the paragraph   ( a) amount; and

(c) all the amounts to be added under subsection   ( 1A).

The first element of their * reduced cost base is worked out similarly.

3

You * acquire units in a unit trust by converting a * convertible interest (except one that is a * traditional security) that was issued by the trustee of the unit trust after 28   January 1988.

The first element of the * cost base of the units is the sum of:

(a) the cost base of the convertible interest at the time of conversion; and

(b) any amount paid to convert the convertible interest, except to the extent that the amount is represented in the paragraph   ( a) amount; and

(c) all the amounts to be added under subsection   ( 1A).

The first element of their * reduced cost base is worked out similarly.

8   After subsection 130 - 60(1A)

Insert:

  (1B)   The payment to convert the convertible interest can include giving property (see section   103 - 5).

9   Application of amendments

The amendments made by this Schedule apply to the conversion of a convertible interest on or after 1   July 2001.




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