Document ID: chunk:federal_register_of_legislation:C2025C00014:schedule:2h:p9
Version: federal_register_of_legislation:C2025C00014
Segment Type: schedule
Provision Reference: sch 2H (pt 9/165)
Character Range: 2417884–2420758

a non‑demutualisation bonus share, or an interest in such a share, before demutualisation listing day where member did not acquire membership rights by disposing of membership rights in another mutual entity
326‑105 Disposal by pre‑CGT member of a demutualisation original share or a non‑demutualisation bonus share, or an interest in such a share, on or after demutualisation listing day where member did not acquire membership rights by disposing of membership rights in another mutual entity
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
326‑115 Disposal by post‑CGT member of a demutualisation original share or a non‑demutualisation bonus share or an interest in such a share
326‑120 Adjusted market value
326‑125 Undeducted membership costs
326‑130 Adjusted first day trading price of demutualisation shares

326‑70  Application of Subdivision
 (1) This Subdivision applies where a member (the disposer) of a mutual entity which, or a holding company of which, becomes a listed public company disposes of an asset consisting of:
 (a) a demutualisation share in the listed public company or an interest in such a share; or
 (b) other shares (non‑demutualisation bonus shares) in the same company, or an interest in such shares, where the shares are bonus equities mentioned in Subdivision 130‑A of the Income Tax Assessment Act 1997 and any of the demutualisation shares (whether or not disposed of at the time) are the original equities mentioned in that Subdivision.
 (2) For the purposes of this Subdivision, if any of the original equities mentioned in Subdivision 130‑A of the Income Tax Assessment Act 1997 is a demutualisation share, it is called a demutualisation original share.

326‑75  Capital losses made from certain disposals to be disregarded
  A capital loss that the disposer makes from a disposal to which section 326‑80 or 326‑100 applies is to be disregarded.

326‑80  Disposal by pre‑CGT member of a demutualisation share (other than a demutualisation original share) or an interest in such a share before demutualisation listing day where member did not acquire membership rights by disposing of membership rights in another mutual entity
 (1) If:
 (a) the disposal is a disposal of a demutualisation share (other than a demutualisation original share) or an interest in such a share; and
 (b) the disposer did not acquire membership rights in the demutualising entity by disposing of membership rights in another mutual entity; and
 (c) the disposer is a pre‑CGT member; and
 (d) the disposal occurs before the demutualisation listing day;
then, for the purpose of working out whether the disposer made a capital gain or capital loss from the disposal,