Commonwealth Consolidated Acts

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INCOME TAX ASSESSMENT ACT 1997 - SECT 59.40

Issue of rights

  (1)   The * market value, as at the time of issue (the issue time ), of rights issued to you:

  (a)   by a company to * acquire * shares in that company; or

  (b)   by a trustee of a unit trust to acquire units in that trust;

is not assessable income and is not * exempt income as at the issue time if the conditions in subsection   (2) are satisfied.

  (2)   The conditions are as follows:

  (a)   at the issue time, you must already own * shares in the company or units in the unit trust (the original interests );

  (b)   the rights must be issued to you because of your ownership of the original interests;

  (c)   the original interests and the rights must not be * revenue assets or * trading stock at the issue time;

  (d)   if you acquired a beneficial interest in the rights under an * employee share scheme--neither Subdivision   83A - B nor 83A - C (about employee share schemes) applies to the beneficial interest;

  (e)   the original interests and the rights must not be * traditional securities;

  (f)   the original interests must not be * convertible interests.


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