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The continuity of ownership test under Division 165 paper

Published on 27 May 09 by VICTORIAN DIVISION, THE TAX INSTITUTE

This paper covers the continuity of ownership (COT) under Division 165, including:

  • the differences in testing for tax losses, net capital losses and bad debt deductions
  • the concepts of voting power, dividend rights and capital rights, and how they raise difficulties for companies with multiple classes of shares
  • how the same share rule can make it more difficult to utilise a loss (together with the saving exception to the rule)
  • when it is "reasonable" in tracing ownership to conclude that the COT has been satisfied.

Author profiles:

Andrew VAN DINTER
Andrew van Dinter ATIA is an Executive Director in the Tax Consulting Group of Ernst & Young. He has extensive experience in both domestic and international tax law issues and advises clients across the mining, utilities and services sectors and is a member of the Ernst & Young specialist group monitoring Australian tax aspects of climate change and the AETS. Andrew, along with David Burns are the principal authors of an upcoming major report for the Institute of Chartered Accountants on the tax policy issues involved in the AETS
Current at 28 May 2008 Current at 26 June 2008 Click here to expand/collapse more articles by Andrew VAN DINTER.
 
Brian LANE
Brian is an Associate Director in the National Tax Group at Ernst & Young. Brian assists the Australian Corporate Tax Consulting Group in respect of a broad range of issues with a focus on new developments for clients. Brian has participated in numerous consultation forums on tax consolidation with Treasury, the Australian Taxation Office and the professional accounting bodies throughout the ongoing development of tax consolidation law. Brian holds a Master of Taxation from the University of Melbourne.
Current at 9 February 2009 Current at 14 May 2009 Click here to expand/collapse more articles by Brian LANE.

 

This was presented at Everything There is to Know About Company Losses and Tax .

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