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
).
Application and object
SECTION 705-15
705-15
Cases where this Subdivision does not have effect
This Subdivision does not have effect if any of the following exceptions applies:
(a)
the first exception is where the joining entity becomes a
*
member of the joined group because it is a member of that group at the time it comes into existence as a
*
consolidated group;
Note:
See Subdivision
705-B
for rules about the treatment of assets if entities become members in circumstances covered by this exception.
(b)
the second exception is where all of the members of another consolidated group become members of the joined group as a result of the
*
acquisition of
*
membership interests in the
*
head company of the joining group;
Note:
See Subdivision
705-C
for rules about the treatment of assets if entities become members in circumstances covered by this exception.
(c)
the third exception is where:
(i)
the joining entity and one or more other entities become members of the joined group at the same time as a result of an event that happens in relation to one of them; and
(ii)
the case is not covered by the second exception;
Note:
See Subdivision
705-D
for rules about the treatment of assets if entities become members in circumstances covered by this exception.
(d)
(Repealed by No 16 of 2003)
History
S 705-15(d) repealed by No 16 of 2003, s 3 and Sch 16 item 3, effective 24 October 2002 and applicable on and after 1 July 2002 (see sec
700-1
of the
Income Tax (Transitional Provisions) Act 1997
). Para (d) formerly read:
(d)
the fourth exception is where the joining entity becomes a member of the joined group where circumstances described in subsection
703-45(3)
or (4) exist.
Note:
See Subdivision
705-E
for rules about the treatment of assets if entities become members in circumstances covered by this exception.
S 705-15(c)(i) amended by No 117 of 2002, s 3 and Sch 4 item 2, by inserting
"
at the same time
"
, 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 705-15 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
).