INCOME TAX ASSESSMENT ACT 1997 - SECT 705.85 Liabilities of the joining entity--increases for purposes of step 2 in working out allocable cost amount

INCOME TAX ASSESSMENT ACT 1997 - SECT 705.85

Increase in step 2 amount for employee share interests

  (1)   If any * membership interest (an employee share interest ) in the joining entity needed to be disregarded under section   703 - 35 in order for the joining entity to be a * wholly - owned subsidiary of the * head company at the joining time, the step 2 amount worked out under section   705 - 70 is increased by the sum of the * market values of those interests, reduced in each case by the reduction amount (if any) worked out under subsection   (2) of this section.

Reduction amount

  (2)   There is a reduction amount if the * market value of the employee share interest at the time it was * acquired by the employee is more than the consideration paid or given for its acquisition. The reduction amount is worked out by multiplying the market value of the employee share interest at that time by the factor worked out using the formula:

where:

"market value of all membership interests" means the * market value of all * membership interests in the joining entity just before the employee share interest was * acquired.

"market value of head company's membership interests" means the * market value, just before the employee share interest was * acquired, of any * membership interests that the * head company held, directly or indirectly in the joining entity, continuously from that time until the joining time.

Increase to cover certain non - membership equity interests and certain equity interests

  (3)   The step 2 amount worked out under section   705 - 70 is increased by:

  (a)   the amount that would be the balance of the joining entity's * non - share capital account, assuming that:

  (i)   if the joining entity is not a company--the joining entity were a company; and

  (ii)   each * non - membership equity interest (if any) in the joining entity held at the joining time by a person other than a * member of the joined group were a * non - share equity interest in the joining entity; and

  (iii)   the non - share equity interests (if any) mentioned in subparagraph   (ii) were the only non - share equity interests in the joining entity; and

  (b)   the * market value of each thing that, in accordance with the joining entity's * accounting principles for tax cost setting, is equity in the joining entity at the joining time, where the thing is also a * debt interest.

Increase to cover ADI restructure preference share interests

  (4)   If any * share in the joining entity needed to be disregarded under section   703 - 37 in order for the joining entity to be a * wholly - owned subsidiary of the * head company at the joining time, the step 2 amount worked out under section   705 - 70 is increased by the sum of the * market values of those shares.