Commonwealth Consolidated Acts

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INCOME TAX ASSESSMENT ACT 1997 - SECT 768.500

What this Subdivision is about

If:

  (a)   a company has a capital gain or capital loss arising from a CGT event that happens in relation to a share in a foreign company; and

  (b)   the company holds a direct voting percentage of 10% or more in the foreign company for a certain period before the CGT event happens;

the gain or loss is reduced by a percentage that reflects the degree to which the assets of the foreign company are used in an active business.

Table of sections

Operative provisions

768 - 505   Reducing a capital gain or loss from certain CGT events in relation to certain voting interests

Active foreign business asset percentage

768 - 510   Active foreign business asset percentage

768 - 515   Choices to apply market value method or book value method

768 - 520   Market value method--choice made under subsection   768 - 515(1)

768 - 525   Book value method--choice made under subsection   768 - 515(2)

768 - 530   Active foreign business asset percentage--modifications for foreign life insurance companies and foreign general insurance companies

768 - 533   Foreign company that is a FIF using CFC calculation method--treatment as AFI subsidiary under this Subdivision

768 - 535   Modified rules for foreign wholly - owned groups

Types of assets of a foreign company

768 - 540   Active foreign business assets of a foreign company

768 - 545   Assets included in the total assets of a foreign company

Voting percentages in a company

768 - 550   Direct voting percentage in a company

768 - 555   Indirect voting percentage in a company

768 - 560   Total voting percentage in a company


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