Taxation Information

• DuluxGroup Demerger
• ATO Class Ruling - 5% Preference Shares
• ATO Alert - Capital Raising

DuluxGroup Demerger

The Supreme Court of Victoria approved the scheme of arrangement to demerger DuluxGroup from Orica Limited on 9 July 2010. DuluxGroup Limited commenced trading on the ASX on 12 July 2010. 

Shareholder resources

• ATO Class Ruling CR 2010/34: Demerger of DuluxGroup Limited by Orica Limited (PDF, 116kb)
• Capital Gains Tax implications of DuluxGroup demerger (PDF, 1mb) 
• Shareholder Mailing (PDF, 7.5mb)
• US Tax Disclosure Letter (51kb)
• Scheme Booklet for shareholders (PDF, 5mb)
  • Full version of Independent Expert's Report (PDF, 1.1mb)
• DuluxGroup Demerger Investor Presentation (1mb)
• Chairman's letter to shareholders (1.2mb)
• DuluxGroup Demerger Information Pack (PDF, 661kb)

ASX Announcements

• 3 May, 2010 (PDF, 37kb)
• 28 May, 2010 (PDF, 27kb)
• 30 June, 2010 (PDF, 26kb)

ATO Class Ruling - 5% Preference Shares

Cancellation of 5% cumulative non-redeemable preference shares (5% Preference Shares)

Following the removal of the 5% Preference Shares from the official list of the ASX Limited as from the close of trading on 14 January 2008, the Australian Taxation Office Class Ruling, in relation to the cancellation consideration of $4.75 per share, can be viewed on the link below.

• View ATO Ruling (PDF, 135kb)

ATO Alert - Capital Raising

The Australian Taxation Office (ATO) issued a Fact Sheet and Taxpayer Alert (TA 2009/11) on 19 May 2009 dealing with arrangements where a company pays shareholders, who were offered share entitlements which were not taken up and which expired, or who were not offered share entitlements, a retail premium in respect of the amounts subscribed for equivalent shares.

The retail premium is ordinarily the clearance price of the shares (i.e. what an institutional buyer subscribes for the share) so far as it exceeds the offer price.  Follow the links below to the ATO website for details.

• http://law.ato.gov.au/atolaw/view.htm?Docid=TPA/TA200911/NAT/ATO/00001

Orica conducted capital raisings in 2005 and 2008.

Shareholders who received a retail premium as described above should seek their own tax advice on the Australian taxation treatment of the retail premium in their income tax returns.

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