INCOME TAX (TRANSITIONAL PROVISIONS) ACT 1997 - SECT 703.30 Debt interests that are not membership interests
INCOME TAX (TRANSITIONAL PROVISIONS) ACT 1997 - SECT 703.30
Debt interests that are not membership interests(1) For the purposes of Part 3 - 90 of the Income Tax Assessment Act 1997 , this section affects whether an interest or right that is held by an entity on or after 1 July 2002 and relates to another entity is a membership interest of the entity in the other entity.
(2) Apply Division 974 of the Income Tax Assessment Act 1997 in determining under Subdivision 960 - G of that Act whether the interest or right is a membership interest of the entity in the other entity.
Note: Under Subdivision 960 - G of the Income Tax Assessment Act 1997 , a debt interest relating to an entity is not a membership interest in the entity. Division 974 of that Act explains what a debt interest is.
(3) This section has effect whether or not the debt and equity
test amendments (as defined in item 118 of Schedule 1 to the
New Business Tax System (Debt and Equity) Act 2001 ) apply to transactions in
relation to the interest or right at the relevant time.