Document ID: chunk:federal_register_of_legislation:C2025C00014:section:47a:p5
Version: federal_register_of_legislation:C2025C00014
Segment Type: section
Provision Reference: s 47A (pt 5/13)
Character Range: 309898–312524

recipient referred to in that subsection.
 (10) Where:
 (a) an entity (in this subsection called the provider) transfers property or services to another entity (in this subsection called the recipient); and
 (b) the property or services are transferred:
 (i) for no consideration; or
 (ii) for a consideration less than the market value of the property or services; and
 (c) in the case of a transfer of services—the services do not consist of the making of a loan; and
 (d) in any case—the property or services are not transferred by way of consideration for the acquisition from a company of:
 (i) a share in the company; or
 (ii) a right to acquire a share in the company; or
 (iii) an option to acquire a share in the company; and
 (e) in any case—the property or services are not transferred in respect of the acquisition from the trustee of a unit trust of:
 (i) a unit in the unit trust; or
 (ii) a right to acquire a unit in the unit trust; or
 (iii) an option to acquire a unit in the unit trust; and
 (f) in the case of a transfer of property—the property does not consist of a payment in respect of a call on a share in a company;
the following provisions have effect:
 (g) the transfer is taken to constitute an eligible benefit provided by the provider to the recipient at that time;
 (h) if the eligible benefit is a distribution benefit in relation to the first company—each of the following is a distribution time for the eligible benefit:
 (i) if the benefit was provided by the first company—the time of the provision of the benefit; or
 (ii) in any other case—the time, or each of the times, of the arrangement transfers concerned;
 (j) if the eligible benefit is a distribution benefit in relation to the first company—the distribution payment in relation to the distribution time is:
 (i) if the benefit was provided by the first company—the amount by which the amount or market value of the property or services exceeds the consideration (including nil consideration) mentioned in paragraph (b); or
 (ii) if subparagraph (i) does not apply and there is only one arrangement transfer—so much of the amount or market value of the arrangement transfer as is attributable to the provision of the eligible benefit; or
 (iii) if subparagraph (i) does not apply and there are 2 or more arrangement transfers—the amount worked out in relation to the arrangement transfer using the following formula:

  where:
  Total Excess  means so much of the total amount or market value of all the arrangement transfers as is attributable to the provision of the eligible benefit.
  Arrangement transfer  means the amount