Document ID: chunk:federal_register_of_legislation:C2025C00014:section:47a:p4
Version: federal_register_of_legislation:C2025C00014
Segment Type: section
Provision Reference: s 47A (pt 4/13)
Character Range: 307419–310160

recipient at that time;
 (d) 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;
 (e) 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 or market value of the consideration paid or given by the first company in respect of the acquisition; or
 (ii) in any other case—so much of the amount or market value of the arrangement transfer as is attributable to the provision of the eligible benefit;
 (f) if:
 (i) the eligible benefit is a distribution benefit in relation to the first company; and
 (ii) the provider transferred property or services to the recipient in respect of the acquisition;
  in determining the profits of the company immediately before the distribution time, or the first distribution time, as the case requires, for the distribution benefit, the following assumptions are to be made:
 (iii) if the benefit was provided by the first company—the assumption that, immediately before the distribution time, the company had:
 (A) disposed of the property or services to an entity other than the recipient; and
 (B) received, in respect of that disposal, consideration equal to the market value of the property or services;
 (iv) if subparagraph (iii) does not apply—the assumption that, immediately before the distribution time, the company had:
 (A) disposed of equivalent property or services to an entity other than the recipient or the entity who provided the eligible benefit; and
 (B) received, in respect of that disposal, consideration equal to the market value of the property or services.
 (9) An eligible benefit that is covered by subsection (8) and provided at a particular time is not a distribution benefit in relation to the first company if, at that time, there is no entity (other than the provider referred to in that subsection) who is:
 (a) either:
 (i) the holder of an eligible equity interest in the first company; or
 (ii) an associate of an entity who is the holder of an eligible equity interest in the first company; and
 (b) the holder of an eligible equity interest in the 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