Document ID: chunk:federal_register_of_legislation:C2025C00029:section:10:p6
Version: federal_register_of_legislation:C2025C00029
Segment Type: section
Provision Reference: s 10 (pt 6/8)
Character Range: 2134006–2136817

the *shares in the company or interests in the trust (as appropriate) can be varied or abrogated in such a way that subsection (3) or (4) would be satisfied.
 (7) These are the things:
 (a) any provision in the constituent document of the company or trust, or in any contract, agreement or instrument:
 (i) authorising the variation or abrogation of rights attaching to any of the *shares in the company or interests in the trust (as appropriate); or
 (ii) relating to the conversion, cancellation, extinguishment or redemption of any of those shares or interests;
 (b) any contract, *arrangement, option or instrument under which a person has power to acquire any of those shares or interests;
 (c) any power, authority or discretion in a person in relation to the rights attaching to any of those shares or interests.
 (8) It does not matter for the purposes of subsection (6) whether or not the rights attaching to any of the *shares or interests are varied or abrogated in the way described in that subsection.

115‑55  Capital gains involving money received from demutualisation of friendly society health or life insurer
  Your *capital gain from a *CGT event is not a discount capital gain if it is affected by section 316‑60 or 316‑165.
Note: Those sections affect capital gains involving the receipt of money as a result of the demutualisation of a friendly society health or life insurer.

Subdivision 115‑B—Discount percentage

Table of sections
115‑100 What is the discount percentage for a discount capital gain
115‑105 Foreign or temporary residents—individuals with direct gains
115‑110 Foreign or temporary residents—individuals with trust gains
115‑115 Foreign or temporary residents—percentage for individuals
115‑120 Foreign or temporary residents—trusts with certain gains
115‑125 Investors disposing of property used for affordable housing

115‑100  What is the discount percentage for a discount capital gain
  The discount percentage for an amount of a *discount capital gain is:
 (a) 50% if the gain is made:
 (i) by an individual and neither section 115‑105 nor 115‑110 (about foreign or temporary residents) applies to the gain; or
 (ii) by a trust (other than a trust that is a *complying superannuation entity) and section 115‑120 (about foreign or temporary residents) does not apply to the gain; or
 (b) 331/3% if the gain is made:
 (i) by a complying superannuation entity; or
 (ii) by a *life insurance company from a *CGT asset that is a *complying superannuation asset; or
 (c) the percentage resulting from section 115‑115 if section 115‑105 or 115‑110 applies to the gain; or
 (d) the percentage resulting from section 115‑120 if that section applies to the gain; or
 (e) the percentage resulting from section 115‑125 if that section applies to the gain.

115‑105  Foreign or