CHAPTER 4
-
INTERNATIONAL ASPECTS OF INCOME TAX
History
Chapter 4 inserted by No 162 of 2001.
PART 4-5
-
GENERAL
History
Part 4-5 inserted by No 162 of 2001.
Division 820
-
Thin capitalisation rules
History
Division 820 inserted by No 162 of 2001.
Subdivision 820-FA
-
How the thin capitalisation rules apply to consolidated groups and MEC groups
History
Subdiv 820-FA inserted by No 117 of 2002. For application provision see Div 820 of the
Income Tax (Transitional Provisions) Act 1997
.
Operative provisions
SECTION 820-581
820-581
How this Division applies to head company for income year in which group comes into existence or ceases to exist
If a *consolidated group or *MEC group:
(a)
comes into existence at a time during an income year that is not the start of the income year; or
(b)
ceases to exist at a time during an income year that is not the end of the income year;
then, for each of the following periods during that income year:
(c)
a period throughout which a company is the *head company of that group; or
(d)
a period throughout which that company is the head company of a different consolidated group or MEC group; or
(e)
a period throughout which that company is a *member of no consolidated group or MEC group;
this Division (except this section) is to have either:
(f)
a single application in relation to the whole of the period; or
(g)
2 or more applications, each in relation to a part of that period.
History
Archived:
S 820-581 (last paragraph of the example) repealed as inoperative by
No 101 of 2006
, s 3 and Sch 1 item 249, effective 14 September 2006. For
application and savings provisions
and for former wording see the
CCH Australian Income Tax Legislation archive
.
History
S 820-581 amended by No 23 of 2024, s 3 and Sch 2 item 78, by repealing the example, effective 1 July 2024. For application provisions, see note under s
705-60
. The example formerly read:
Example:
Austco Ltd is not a member of a consolidated group for the first 6 months of an income year, but then becomes the head company of a consolidated group which continues in existence for the rest of the income year.
For those first 6 months Austco is an outward investor (general) under section 820-85. For the rest of the income year Austco is an outward investor (general) under subsection 820-583(2).
This section ensures that section 820-120 (about part year periods) applies to Austco instead of section 820-85, so that Subdivision 820-B has 2 separate applications to Austco: one for the first 6 months and the other for the rest of the income year. Under the second application, account is taken of the position of the subsidiary members that are taken to be part of Austco as head company of the consolidated group.
S 820-581 inserted by No 117 of 2002. For application provision see Div 820 of the
Income Tax (Transitional Provisions) Act 1997
.