Dingo Traders Pty Ltd proposes to undergo a corporate restructure and simplification process in relation to particular assets that it owns, which will result in one company holding all assets. The restructure will involve the transfer of trading stock from the taxpayer to a partnership. The partnership will comprise the taxpayer and a subsidiary. Each partner will hold a 50 per cent interest in the partnership.
The transfer of assets will involve a two-stage process in which the trading stock will be transferred to the partnership, followed by the partnership transferring the trading stock to the subsidiary. The subsidiary will ultimately own 100 per cent of the taxpayer’s trading stock. An election will be made under ITAA 1997 s 70-100(4) to treat the assets as having been disposed of for what would have been their value as trading stock of the transferor on hand at the date of transfer.
Discuss whether ITAA 1936 Pt IVA apply if Dingo Traders Pty Ltd is undergoing a corporate restructure and makes an election under ITAA 1997 s 70-100(4)?
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