Commonwealth Consolidated Acts

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INCOME TAX ASSESSMENT ACT 1936 - SECT 353

Control tracing interest in a company

             (1)  Subject to this section, an entity (in this subsection called the lower entity ) holds a control tracing interest in a company at a particular time equal to the direct control interest in the company that the lower entity holds at that time.

             (2)  An entity (in this subsection called the lower entity ) holds a control tracing interest in a company at a particular time equal to 100% if:

                     (a)  the aggregate of the direct control interests in the company held at that time by the lower entity and its associates is not less than 50%; or

                     (b)  both of the following conditions are satisfied:

                              (i)  the aggregate of the direct control interests in the company held at that time by the lower entity and its associates is not less than 40%;

                             (ii)  at that time, the company is not controlled by a group of entities not being or including the lower entity or any of its associates; or

                     (c)  at that time, the company is controlled by the lower entity, either alone or together with associates.



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