Income Tax Act 2007 section 809FZX

Treasury regulations

Section 809FZX gives the Treasury broad powers to make regulations that can change how the average holding period for carried interest is calculated, redefine what counts as an investment, and repeal or restrict the employment-related securities rules.

  • The Treasury may make regulations altering the calculation of the average holding period, including substituting an entirely different method from the standard one
  • Regulations may redefine what counts as an investment and when an investment is treated as made or disposed of
  • The Treasury may introduce anti-avoidance provisions and may repeal or restrict the employment-related securities rules under section 809FZU
  • Any regulations made under this section can amend the carried interest chapter itself, make different rules for different situations, and include transitional and consequential provisions

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