Miscellaneous 2014

Capital management

Source: The Tax Specialist Journal Article

Published Date: 1 Jun 2014


Capital management, including raising and returning capital, carries with it a range of taxation implications, some of which exhibit a degree of uncertainty. Much of that uncertainty arises from the practice of the ATO and the discretions afforded the Commissioner of Taxation under a number of specific integrity measures. This article is intended to provide an update on the key Australian income tax issues, ATO administrative practice, and current tax reviews for corporates and their shareholders, in relation to undertaking capital management initiatives.

The article is, broadly, in two parts. The first part considers capital raisings by non-financial corporates through the use of hybrid securities and rights issues that use so-called retail premiums. The second part deals with returning capital to shareholders, including share buy-backs, returns of capital, and tainting of the share capital account.

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Miscellaneous 2014

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