Document ID: chunk:federal_register_of_legislation:C2025C00014:section:47a:p6
Version: federal_register_of_legislation:C2025C00014
Segment Type: section
Provision Reference: s 47A (pt 6/13)
Character Range: 312258–315054

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 or market value of the arrangement transfer concerned.
  Total arrangement transfers  means the total amount or market value of all of the arrangement transfers.
 (k) if the eligible benefit is a distribution benefit in relation to the first company—in determining the profits of the company immediately before a distribution time for the distribution benefit, the following assumptions are to be made:
 (i) 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;
 (ii) if subparagraph (i) does not apply and there is only one arrangement transfer—the assumption that, immediately before the distribution time, the company had:
 (A) disposed of the property or services covered by the arrangement transfer to an entity other than 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;
 (iii) if subparagraph (i) does not apply and there are 2 or more arrangement transfers—the assumption that, immediately before each distribution time, the company had:
 (A) disposed of the property or services covered by the arrangement transfer concerned to an entity other than 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.
 (10A) Subsection (10) does not apply to a transfer that is taken by section 70‑30 or 70‑110 of the Income Tax Assessment Act 1997 to have occurred.
 (11) Where, at a particular time, an entity (in this subsection called the provider) makes a payment to another entity, being a company (in this subsection called the recipient), in respect of a call on a share in the recipient:
 (a) the making of the payment is taken to constitute an eligible benefit provided by the provider to the recipient at that time; and
 (b) 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;
 (c) if the eligible benefit is a distribution benefit