Document ID: chunk:federal_register_of_legislation:C2025C00029:section:3:p6
Version: federal_register_of_legislation:C2025C00029
Segment Type: section
Provision Reference: s 3 (pt 6/46)
Character Range: 3068811–3071486

the purpose, of eliminating or reducing a liability of an entity to pay income tax for a *financial year.

165‑185  Shares treated as not having carried rights
 (1) In applying a test for the purposes of this Division other than Subdivision 165‑CC, *shares are taken not to have carried particular rights during a part of the *ownership test period if the Commissioner is satisfied that:
 (a) the shares stopped carrying those rights after the ownership test period; or
 (b) the shares will or may stop carrying those rights after the ownership test period;
because of:
 (c) the company's *constitution as in force at some time during the ownership test period; or
 (d) an *arrangement entered into before or during the ownership test period.
 (2) In applying a test for the purposes of Subdivision 165‑CC, *shares are taken not to have carried particular rights after a particular time if the Commissioner is satisfied that:
 (a) the shares stopped carrying those rights after that time; or
 (b) the shares will or may stop carrying those rights after that time;
because of:
 (c) the company's *constitution as in force at any time; or
 (d) an *arrangement entered into at any time.

165‑190  Shares treated as always having carried rights
 (1) In applying a test for the purposes of this Division other than Subdivision 165‑CC, *shares are taken to have carried particular rights at all times during a part of the *ownership test period if the Commissioner is satisfied that:
 (a) the shares started to carry those rights after the ownership test period; or
 (b) the shares will or may start to carry those rights after the ownership test period;
because of:
 (c) the company's *constitution as in force at some time during the ownership test period; or
 (d) an *arrangement entered into before or during the ownership test period.
 (2) In applying a test for the purposes of Subdivision 165‑CC, *shares are taken to have carried particular rights after a particular time if the Commissioner is satisfied that:
 (a) the shares started to carry those rights after that time; or
 (b) the shares will or may start to carry those rights after that time;
because of:
 (c) the company's *constitution as in force at any time; or
 (d) an *arrangement entered into at any time.

165‑200  Rules do not affect totals of shares, units in unit trusts or rights carried by shares and units
 (1) Sections 165‑165, 165‑180, 165‑185 and 165‑190 do not affect how *shares, and rights carried by *shares, are counted for the purposes of determining:
 (a) the total voting power in the company; or
 (b) the total *dividends that the company may pay; or
 (c) the total distributions of capital