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INCOME TAX ASSESSMENT ACT 1997 - SECT 230.340

Generally whole arrangement must be hedging financial arrangement

  (1)   Subject to subsections   (2), (3) and (4), the whole of a * financial arrangement must satisfy the requirements of subsection   230 - 335(1) or (3) for the arrangement to be a hedging financial arrangement .

Partial hedges

  (2)   If a * financial arrangement:

  (a)   is an options contract; and

  (b)   hedges risk only in part by reference to changes in the intrinsic value of the options contract;

the arrangement may be treated as a hedging financial arrangement to the extent to which the part of the arrangement referred to in paragraph   (b) satisfies the requirements of subsection   230 - 335(1) or (3).

  (3)   If a * financial arrangement:

  (a)   is a forward contract; and

  (b)   has a spot price element and an interest element;

the arrangement may be treated as a hedging financial arrangement to the extent to which the spot price element satisfies the requirements of subsection   230 - 335(1) or (3).

Proportionate hedges

  (4)   A specified proportion of a * financial arrangement may be treated as a hedging financial arrangement to the extent to which that proportion of the arrangement satisfies the requirements of subsection   230 - 335(1) or (3).

Separate financial arrangements if partial or proportionate hedge

  (5)   If a part (or parts), or a proportion (or proportions), of a * financial arrangement is (or are) treated as a * hedging financial arrangement under subsection   (2), (3) or (4):

  (a)   the part (or each of the parts), or the proportion (or each of the proportions), of the arrangement that is (or are) treated as a hedging financial arrangement is taken to be a separate financial arrangement for the purposes of this Division; and

  (b)   the remaining part or proportion (if any) of the arrangement is taken to be a separate financial arrangement for the purposes of this Division.

  (6)   Subsection   (5) has effect even if there would not be separate * arrangements under subsection   230 - 55(4).


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