Document ID: chunk:federal_register_of_legislation:C2014C00749:clause:15_3:p8
Version: federal_register_of_legislation:C2014C00749
Segment Type: clause
Provision Reference: sch 15 cl 3 (pt 8/10)
Character Range: 372269–374858

indirect value shift if, and only if, to the extent of at least 95% of their total market value, the *greater benefits consist entirely of:
 (a) a right to have services that are covered by section 727‑240 provided directly by the *losing entity to the *gaining entity; or
 (b) services that are covered by section 727‑240 and have been, are being, or are to be, so provided;
or both.
 (3) This section does not limit any other exclusion in this Subdivision or in Subdivision 727‑C.

95% services indirect value shifts that are not excluded

727‑705  Another provision of the income tax law affects amount related to services by at least $100,000
  The conditions in this section are met if:
 (a) the *losing entity or the *gaining entity lodges an *income tax return for an income year during some or all of which the owner owned the interest; and
 (b) a provision of this Act:
 (i) reduces or excludes an amount that is included in the return; or
 (ii) increases an amount that is so included; or
 (iii) includes an amount not included in the return;
  for the purposes of working out the taxable income, a *tax loss, or a *net capital loss, of that entity for that income year; and
 (c) the amount is related to the right mentioned in paragraph 727‑700(2)(a), or to some or all of the services mentioned in paragraph 727‑700(2)(a) or (b), from the point of view of the losing entity providing the services or of the gaining entity receiving them; and
 (d) if the amount is so reduced or increased—the reduction or increase is at least $100,000; and
 (e) if the amount is so excluded or included—the amount is at least $100,000; and
 (f) at some time after the return is lodged, the entity that lodged it is aware, or ought reasonably to be aware, of the reduction, exclusion, increase or inclusion.
Example: If the Commissioner has notified an entity affected by a determination under Part IVA of the Income Tax Assessment Act 1936, the entity ought reasonably to be aware of the effect of the determination.

727‑710  Ongoing or recent service arrangement reduces value of losing entity by at least $100,000
 (1) Either or both of these must be true:
 (a) when the *realisation event mentioned in subsection 727‑700(1) happens, some or all of the services mentioned in paragraph 727‑700(2)(a) or (b) have not yet been provided; or
 (b) some or all of those services have been provided in the income year (of the *losing entity) in which the realisation event happens, or in the previous income year.
 (2) It must be reasonable to conclude that the total (the total market value) of the