New Business Tax System (Consolidation and Other Measures) Act 2003 (16 of 2003)
Schedule 24 Consolidation: pay as you go (PAYG) instalments
Part 1 Amendment of the Taxation Administration Act 1953
3 At the end of section 45-330 in Schedule 1
Add:
Special rule for a life insurance company that is, or has been, the head company of a consolidated group
(4) A company's adjusted taxable income for the *base year is worked out under subsection (3) with the modification set out in subsection (5) if the company:
(a) is a *life insurance company for the base year; and
(b) has *tax losses transferred to it under Subdivision 707-A of the Income Tax Assessment Act 1997.
(5) Subsection (3) applies to the company as if step 4 of the method statement in that subsection were replaced by the following step:
Step 4. Reduce the step 3 result by the lesser of the following amounts:
(a) the amount of any *tax loss, to the extent that the company can carry it forward to the next income year;
(b) the amount of the deductions for tax losses used in making the *base assessment.
Note: Subsections (3), (4) and (5) also apply to the head company of a consolidated group, or the head company of a MEC group, that is treated as a life insurance company: see section 713-505 of the Income Tax Assessment Act 1997.