Document ID: chunk:federal_register_of_legislation:C2025C00014:schedule:2h:p27
Version: federal_register_of_legislation:C2025C00014
Segment Type: schedule
Provision Reference: sch 2H (pt 27/165)
Character Range: 2462356–2465051

Subdivision 326‑I—CGT consequences of disposal of demutualisation shares or an interest in such shares by a trustee on behalf of a member

Table of sections
326‑210 Disposal by a trustee

326‑210  Disposal by a trustee
  If:
 (a) under the distributing trust method of demutualisation, shares in a demutualised entity are issued to a trustee on behalf of a member; and
 (b) the trustee disposes of a share or an interest in a share, or disposes of a non‑demutualisation bonus share or an interest in such a share, on behalf of the member;
the disposal is taken for the purposes of Subdivisions 326‑D, 326‑E and 326‑F to have been a disposal of the share or interest by the member.

Subdivision 326‑J—CGT consequences of change in rights attaching to special shares or replacement of special shares by ordinary shares

Table of sections
326‑215 Change of rights to, and replacement of, special shares

326‑215  Change of rights to, and replacement of, special shares
 (1) This Subdivision applies where, under the distributing trust method of demutualisation of a mutual entity, the rights attaching to special shares issued to a trustee on behalf of a member become the same as the rights attaching to ordinary shares.
 (2) Parts 3‑1 and 3‑3 of the Income Tax Assessment Act 1997 do not apply in respect of the change in rights.

Subdivision 326‑K—CGT consequences of disposal of shares or an interest in shares acquired under a roll‑over provision

Table of sections
326‑220 Disposal of shares or interest in shares

326‑220  Disposal of shares or interest in shares
 (1) This section applies where:
 (a) under any method of demutualisation, a mutual entity, or a holding company of a mutual entity, becomes a listed public company; and
 (b) a disposal of a share, or of an interest in a share, in the entity or holding company takes place before the demutualisation listing day; and
 (c) a roll‑over provision applies to the disposal; and
 (d) the person who disposed of the share or interest would, except for section 326‑75 and paragraph (c) of this subsection, have made a capital loss as a result of the disposal; and
 (e) the person who is taken to acquire the share or interest under the roll‑over provision (the transferee) disposes of the share or interest.
 (2) If the disposal by the transferee takes place before the demutualisation listing day, any capital loss that the transferee makes from that disposal is disregarded.
 (3) If the disposal by the transferee takes place on or after the demutualisation listing day, Subdivision 326‑D applies to the disposal referred to in paragraph (1)(b) as if that disposal had taken place on or after that day.
 (4) In this section:
disposal