Document ID: chunk:federal_register_of_legislation:C2025C00014:section:109ca:p3
Version: federal_register_of_legislation:C2025C00014
Segment Type: section
Provision Reference: s 109CA (pt 3/3)
Character Range: 928804–929825

mentioned in that subsection is interposed between:
 (a) a private company; and
 (b) a shareholder, or an associate of a shareholder, of the private company.
 (8) Section 118‑120 of the Income Tax Assessment Act 1997 (Extension to adjacent land) applies in relation to subsections (6) to (7A) of this section in the same way as it applies in relation to Subdivision 118‑B of that Act.
 (9) Subsection (1) does not apply if the provision of the asset to the entity is a transfer of property to the entity.
Note: For transfers of property, see paragraph 109C(3)(c).

Value of payment
 (10) Subject to subsection (11), the amount of the payment is:
 (a) the amount that would have been paid for the provision of the asset by the parties dealing at arm's length; less
 (b) any consideration given for the provision of the asset by the entity.
 (11) The amount of the payment is nil if the consideration given by the entity equals or exceeds the amount that would have been paid at arm's length for the provision of the asset.