CHAPTER 3
-
SPECIALIST LIABILITY RULES
PART 3-90
-
CONSOLIDATED GROUPS
History
Part 3-90 inserted by No 68 of 2002, s 3 and Sch 1 item 2, effective 24 October 2002 and applicable on and after 1 July 2002 (see sec
700-1
of the
Income Tax (Transitional Provisions) Act 1997
).
Division 705
-
Tax cost setting amount for assets where entities become subsidiary members of consolidated groups
History
Div 705 inserted by No 68 of 2002, s 3 and Sch 1 item 2, effective 24 October 2002 and applicable on and after 1 July 2002 (see sec
700-1
of the
Income Tax (Transitional Provisions) Act 1997
).
Subdivision 705-A
-
Basic case: a single entity joining an existing consolidated group
History
Subdiv 705-A inserted by No 68 of 2002, s 3 and Sch 1 item 2, effective 24 October 2002 and applicable on and after 1 July 2002 (see sec
700-1
of the
Income Tax (Transitional Provisions) Act 1997
).
How to work out the allocable cost amount
SECTION 705-105
705-105
Continuity of holding membership interests
-
steps 3 to 5A in working out allocable cost amount
If:
(a)
a
*
membership interest that a
*
member of the joined group held in the joining entity at the joining time was taken under this Act to have been
*
acquired by the member for its
*
market value at a particular time (the
market value time
); or
(b)
the
*
cost base and
*
reduced cost base of a membership interest that a member of the joined group held in the joining entity at the joining time were, before that time, changed on one or more occasions by this Act so that they equalled the market value of the membership interest at a particular time (the last of which times is also the
market value time
);
then, for the purpose of sections
705-90
,
705-95
,
705-100
,
705-102
and
713-25
, the
*
head company is taken not to have held that membership interest, either directly or indirectly, before the market value time.
History
S 705-105 amended by No 23 of 2024, s 3 and Sch 2 item 8D, by inserting
"
, 705-102
"
, effective 1 July 2024. For application provisions, see note under s
705-60
.
S 705-105 amended by No 117 of 2002, s 3 and Sch 5 item 12, by substituting
"
, 705-100 and 713-25
"
for
"
and 705-100
"
, effective 24 October 2002 and applicable on and after 1 July 2002 (see sec
700-1
of the
Income Tax (Transitional Provisions) Act 1997
).
S 705-105 inserted by No 68 of 2002, s 3 and Sch 1 item 2, effective 24 October 2002 and applicable on and after 1 July 2002 (see sec
700-1
of the
Income Tax (Transitional Provisions) Act 1997
).