CHAPTER 3 
-
 SPECIALIST LIABILITY RULES
           
          
          PART 3-5 
-
 CORPORATE TAXPAYERS AND CORPORATE DISTRIBUTIONS
           
          
          Division 165 
-
 Income tax consequences of changing ownership or control of a company
           
          
          Subdivision 165-A 
-
 Deducting tax losses of earlier income years
           
          
          Operative provisions
            
          
          
          
          SECTION 165-10
           
          
          165-10
           
          To deduct a tax loss
           
          A company cannot deduct a 
*
tax loss unless either: 
          
          
          (a)
          it meets the conditions in section 
165-12
 (which is about the company maintaining the same owners); or 
            Note:
            
            See section 
165-215
 for a special alternative to these conditions. 
 
 
          
          
          (b)
          it meets the condition in section 
165-13
 (which is about the company satisfying the business continuity test). 
          
 
            Note:
            
            In the case of a widely held or eligible Division 
166
 company, Subdivision 
166-A
 modifies how this Subdivision applies, unless the company chooses otherwise. 
 
          
          
          
            History
            
            
              S 165-10 amended by No 7 of 2019, s 3 and Sch 1 item 38, by substituting 
"
business continuity test
"
 for 
"
same business test
"
 in para (b), effective 1 April 2019 and applicable in relation to income years starting on or after 1 July 2015.
              S 165-10 amended by 
No 164 of 2007
, s 3 and Sch 6 items 4 and 5, by repealing note 2, applicable to:
                
                  
(a) any tax loss that is incurred in an income year commencing on or after 1 July 2005; and
                  
                  (b) any net capital loss that is made in an income year commencing on or after 1 July 2005; and
                  
                  (c) any deduction in respect of a bad debt that is incurred in an income year commencing on or after 1 July 2005.
                  
                
 
              Note 2 formerly read:
                
                    Note 2:
                    
                    Companies whose total income for an income year is more than 
$
100 million cannot meet the condition in section 
165-13
 for that year: see section 
165-212A
.
 
              S 165-10 amended by No 147 of 2005, No 142 of 2003 and No 58 of 2000.