Document ID: chunk:federal_register_of_legislation:C2025C00014:schedule:2h:p13
Version: federal_register_of_legislation:C2025C00014
Segment Type: schedule
Provision Reference: sch 2H (pt 13/165)
Character Range: 2427988–2430679

Income Tax Assessment Act 1997, the amount paid for the acquisition of all the demutualisation original shares that is to be taken into account under that Division or Subdivision, as the case may be, is taken to be the lesser of the following amounts:
 (i) the amount worked out by using the formula:

 (ii) the amount worked out by using the formula:

 (f) if the disposal is a disposal of a demutualisation original share or an interest in such a share, the disposer is taken:
 (i) to have paid the amount referred to in paragraph (e) on the demutualisation resolution day; and
 (ii) to have acquired the share or interest on the demutualisation resolution day.
 (2) In the formulas in subparagraphs 1(e)(i) and (ii):
number of disposer's shares means the number of demutualisation original shares issued to the disposer or in which the disposer had an interest.
total number of shares means the total number of demutualisation shares issued.

326‑110  Disposal by pre‑CGT member of a demutualisation original share or a non‑demutualisation bonus share, or an interest in such a share, where member acquired membership rights by disposing of membership rights in another mutual entity
 (1) If:
 (a) the disposal is a disposal of either:
 (i) a demutualisation original share or an interest in such a share; or
 (ii) a non‑demutualisation bonus share or an interest in such a share; and
 (b) the disposer acquired membership rights in the demutualising entity by disposing of membership rights in another mutual entity; and
 (c) the disposer is a pre‑CGT member;
then, for the purpose of working out whether the disposer made a capital gain or capital loss from the disposal, the following paragraphs have effect:
 (d) for the purpose of applying Subdivision 130‑A of the Income Tax Assessment Act 1997, the amount paid for the acquisition of all the demutualisation original shares that is to be taken into account under that Division or Subdivision, as the case may be, is taken to be the sum of the following amounts:
 (i) the amount worked out by using the formula:

 (ii) any amount actually paid for the acquisition;
 (e) if the disposal is a disposal of a demutualisation original share or an interest in such a share, the disposer is taken:
 (i) to have paid the amount referred to in subparagraph (d)(i) on the demutualisation resolution day; and
 (ii) to have paid any amount referred to in subparagraph (d)(ii) when it was actually paid; and
 (iii) to have acquired the share or interest on the demutualisation resolution day.
 (2) In the formula in subparagraph (1)(d)(i):
number of members means the total number of members of the other entity at the time of the disposal