SAIM10340 - Relief for interest paid: continuity of relief on business successions
Business successions
Successions between partnerships
ITA07/S409 ensures continuity of relief for interest paid where
a partnership is dissolved and on its dissolution another
partnership is formed. The rule was formerly in Extra-statutory
concession ESC A43.
Under ITA07/S398 relief for interest paid is only available
so long as the individual is a partner in the partnership in which
the investment is made. In law, the admission or departure of a
partner results in a new partnership. ITA07/S409 provides that for
the purposes of relief for interest paid, the old and new
partnerships are treated as the same partnership. The rule also
covers partnership reconstructions involving a merger or
demerger.
Other business successions and reorganisations
ITA07/S410 ensures continuity of relief in certain cases where a
partnership is incorporated into a close company, an
employee-controlled company or co-operative, or where shares in a
close company, an employee-controlled company or co-operative are
exchanged for, or replaced by, shares in any kinds of these
entities. Again, the rule was formerly in ESC A43.
Without this rule, relief for interest paid would only
available where the individual remained a partner in the
partnership in which the investment was made, or so long as the
shares were held in or the loan was made to the original business
entity.
Under ITA07/S410 the original loan is treated as if were
made at the time of the succession or reorganisation.
Relief is not available where the reorganisation involves
the disincorporation of the close company. Relief only applies to
genuine business successions. It does not apply if an investment in
one entity is replaced by another investment within the same
entity, for example, the conversion of convertible loan stock into
ordinary shares.
