Draft Taxation Determination TD 2008/D5 Income tax: capital gains: does CGT event C2 happen as a result of the satisfaction of an investor’s rights under a Deferred Purchase Agreement warrant, an investment product offered by financial institutions, by the delivery of the Delivery Assets?

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Draft Taxation Determination TD 2008/D15W – Notice of Withdrawal Income tax: (a) are credits for United Kingdom interest withholding tax paid allowable under Article 22.1(a) of the 2003 United Kingdom Convention to an Australian resident financial institution which enters into an arrangement of the kind described in Taxpayer Alert TA 2007/3; and (b) would the Commissioner consider the application of Part IVA of the Income Tax Assessment Act 1936 to the arrangement?

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Draft Taxation Determination TD 2008/D19 Income tax: Division 7A: in exercising the discretion under subsection 109Y(2) of Division 7A of Part III of the Income Tax Assessment Act 1936 to substitute an appropriate value for a private company’s assets, can the Commissioner take into account the value of the company’s assets not shown in the company’s accounting records?

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Draft Taxation Determination TD 2008/D18 Income tax: employee share schemes: for the purpose of subsection 139CD(6) of the Income Tax Assessment Act 1936, does a taxpayer become the holder of a beneficial interest in shares merely by acquiring a contractual right to obtain shares in a company (the particular, individual shares not being ascertained at the time)?

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Draft Taxation Determination TD 2008/D17 Income tax: in accounting for a Dividend Re-investment Plan, can a company taint its share capital account for the purposes of Division 197 of the Income Tax Assessment Act 1997?

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Draft Taxation Determination TD 2008/D16 Income tax: is interest on a loan fully deductible under section 8-1 of the Income Tax Assessment Act 1997 when the borrowed moneys are settled by the borrower on trust to benefit the borrower and others?

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Draft Taxation Determination TD 2008/D15 Income tax: (a) are credits for United Kingdom interest withholding tax paid allowable under Article 22.1(a) of the 2003 United Kingdom Convention to an Australian resident financial institution which enters into an arrangement of the kind described in Taxpayer Alert TA 2007/3; and (b) would the Commissioner consider the application of Part IVA of the Income Tax Assessment Act 1936 to the arrangement?

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Draft Taxation Determination TD 2008/D14 Income tax: does subsection 974-135(1) of the Income Tax Assessment Act 1997 only apply to a legally enforceable obligation?

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Draft Taxation Determination TD 2008/D13 Income tax: when is ‘foreign income tax … imposed … on the partners, not the partnership’ under paragraph 830-10(1)(b) of the Income Tax Assessment Act 1997 for the purpose of determining whether a foreign limited partnership is a foreign hybrid limited partnership under Division 830 of that Act?

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Draft Taxation Determination TD 2008/D12 Income tax: is the deductibility of compound interest determined according to the same principles as the deductibility of other interest?

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Draft Taxation Determination TD 2008/D11 Income tax: consolidation: capital gains: for the purposes of Part 3-90 of the Income Tax Assessment Act 1997, is the CGT asset that an entity has contracted to sell to another taxpayer an asset of the entity at a time it joins or leaves a consolidated group, if the contract is not completed at that time?

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Draft Taxation Determination TD 2008/D10 Income tax: consolidation: capital gains: for the purposes of Part 3-90 of the Income Tax Assessment Act 1997, is the CGT asset that an entity has contracted to buy from another taxpayer an asset of the entity at a time it joins or leaves a consolidated group, if the contract is not completed at that time?

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Draft Taxation Determination TD 2008/D9 Income tax: consolidation: capital gains: do the core consolidation rules in Division 701 of the Income Tax Assessment Act 1997 modify the effect of the CGT contract rules if an entity contracts to buy or sell a CGT asset and the contract settles after the entity becomes, or ceases to be, a member of a consolidated group?

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Draft Taxation Determination TD 2008/D8 Income tax: when is income tax of a private company a ‘present legal obligation’ for the purposes of the distributable surplus calculation under subsection 109Y(2) of Division 7A of Part III of the Income Tax Assessment Act 1936?

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Draft Taxation Determination TD 2008/D7 Income tax: is an exceptional circumstances relief payment paid to a farmer under the Farm Household Support Act 1992 ‘assessable primary production income’ under subsection 392-80(2) of the Income Tax Assessment Act 1997?

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Draft Taxation Determination TD 2008/D6 Income tax: is a taxpayer entitled to an income tax deduction under subsection 70B(2) of the Income Tax Assessment Act 1936 where a Stapled Security of the kind described in Taxpayer Alert TA 2008/1, is sold at a loss or upon the occurrence of an Assignment Event?

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Draft Taxation Determination TD 2008/D3 Income tax: where a taxpayer has supplied or acquired property under an international agreement and that gives rise to a debt interest or an equity interest as defined for the purposes of Division 974 of the Income Tax Assessment Act 1997, does Division 974 bear upon the characterisation to be adopted for the purposes of the application of Division 13 of Part III of the Income Tax Assessment Act 1936 to the transaction?

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Draft Taxation Determination TD 2008/D4 Income tax: is a Deferred Purchase Agreement warrant, an investment product offered by financial institutions, a traditional security for the purposes of sections 26BB and 70B of the Income Tax Assessment Act 1936?

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Draft Taxation Determination TD 2008/D2 Income tax: Division 7A of Part III of the Income Tax Assessment Act 1936 – what is the meaning of ‘because’ in the context of the expression ‘because the entity has been such a shareholder or associate at some time’ in relation to payments, loans and debt forgiveness with former shareholders of a private company?

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Draft Taxation Determination TD 2008/D1 Income tax: can an Australian-formed unincorporated association of persons who do not carry on a business in common with a view to profit be a corporate limited partnership within the meaning of section 94D of the Income Tax Assessment Act 1936?

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