Document ID: chunk:federal_register_of_legislation:C2014C00749:clause:15_3:p2
Version: federal_register_of_legislation:C2014C00749
Segment Type: clause
Provision Reference: sch 15 cl 3 (pt 2/13)
Character Range: 391288–393990

the *losing entity are reduced under this Subdivision because of the *indirect value shift; and
 (ii) those dividends were successively paid or distributed at the payment time by each entity interposed between the gaining entity and that affected owner; and
 (b) the amount (if any) that the *affected owner of the interest would receive (directly, or indirectly through one or more interposed entities) in respect of the interest if:
 (i) the gaining entity were to pay the total reduction amount at the payment time as a distribution of capital; and
 (ii) that capital was successively paid or distributed at the payment time by each entity interposed between the gaining entity and that affected owner.

Uplift not to exceed reasonable amount
 (7) If the uplift worked out as provided in subsections (4), (5) and (6) is not reasonable in the circumstances, having regard to the objects of this Division, the interest's *adjustable value is instead uplifted by an amount that is reasonable in the circumstances, having regard to those objects.
Note: The main object of this Division is set out in section 727‑95.

727‑805  Has there been a disaggregated attributable increase?
 (1) This section sets out how to determine whether an *indirect value shift has produced, for the owner of an *equity or loan interest, a disaggregated attributable increase in the market value of the interest and, if so, the amount of it.
 (2) Make a reasonable estimate of the market value of the interest at the *IVS time, but disregarding:
 (a) all effects on the market value of the interest during the *IVS period, except effects that are reasonably attributable to the *indirect value shift; and
 (b) the effects (if any) of the indirect value shift on the market value of *equity or loan interests, or *indirect equity or loan interests, in the losing entity.
(This result is called the notional resulting market value.)
Note: Paragraph (2)(b) is necessary because the market value of the interest may also have been affected by the decrease in the market value of interests in the losing entity, because the entity in which the interest is held had direct or indirect interests in both the losing entity and the gaining entity.
 In such a case, the increase in adjustable value under this Division will usually be offset by a reduction under this Division.
 (3) If the notional resulting market value is greater than a reasonable estimate of the market value (the old market value) of the interest:
 (a) at the start of the *IVS period; or
 (b) if the owner last began to own the interest during that period—when the owner last began to own the interest;
the difference is the disaggregated attributable increase.