Commonwealth Consolidated Acts

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INCOME TAX ASSESSMENT ACT 1997 - SECT 960.135

Membership interest in an entity

    If you are a * member of an entity:

  (a)   each interest, or set of interests, in the entity; or

  (b)   each right, or set of rights, in relation to the entity;

by virtue of which you are a member of the entity is a membership interest of yours in the entity.

Note:   In conjunction with subsection   960 - 130(3), this means that a debt interest is not a membership interest.

Example:   A member of a company holds a finance share in a company that is a debt interest and some other shares in the company that are not debt interests. Only the other shares are membership interests in the company. The finance share is not, because the member is not a member of the company because of that share (see subsection   960 - 130(3)).


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