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-E
-
Business continuity test
History
Subdiv 165-E heading substituted by No 7 of 2019, s 3 and Sch 1 item 81, effective 1 April 2019 and applicable in relation to income years starting on or after 1 July 2015. The heading formerly read:
Subdivision 165-E
-
The same business test
SECTION 165-210
The business continuity test
-
carrying on the same business
165-210(1)
A company satisfies the
business continuity test
if throughout the *business continuity test period it carries on the same *business as it carried on immediately before the *test time.
History
S 165-210(1) amended by No 7 of 2019, s 3 and Sch 1 item 2, by substituting
"
business continuity test
if throughout the *business continuity test period
"
for
"
same business test
if throughout the *same business test period
"
, effective 1 April 2019 and applicable in relation to income years starting on or after 1 July 2015.
S 165-210(1) amended by
No 164 of 2007
, s 3 and Sch 6 items 27 and 28, by omitting
"
(other than a company covered by section 165-212A)
"
after
"
A company
"
and repealing the note, 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.
The note formerly read:
Note:
Companies whose total income for an income year is more than $100 million cannot satisfy the same business test for the same business test period: see section
165-212A
.
S 165-210(1) amended by No 147 of 2005, s 3 and Sch 1 item 75, by inserting the note at the end, effective 14 December 2005.
S 165-210(1) amended by No 147 of 2005, s 3 and Sch 1 item 74, by substituting
"
A company (other than a company covered by section 165-212A)
"
for
"
The company
"
, effective 14 December 2005. For application provision, see note under s 165-13(1).
165-210(2)
However, the company does
not
satisfy the *business continuity test under this section if, at any time during the *business continuity test period, it *derives assessable income from:
(a)
a *business of a kind that it did not carry on before the *test time; or
(b)
a transaction of a kind that it had not entered into in the course of its business operations before the *test time.
History
S 165-210(2) amended by No 7 of 2019, s 3 and Sch 1 item 3, by substituting
"
*business continuity test under this section if, at any time during the *business continuity test period,
"
for
"
*same business test if, at any time during the *same business test period,
"
, effective 1 April 2019 and applicable in relation to income years starting on or after 1 July 2015.
165-210(3)
The company also does
not
satisfy the *business continuity test under this section if, before the *test time, it:
(a)
started to carry on a *business it had not previously carried on; or
(b)
in the course of its business operations, entered into a transaction of a kind that it had not previously entered into;
and did so for the purpose, or for purposes including the purpose, of being taken to have carried on throughout the *business continuity test period the same business as it carried on immediately before the test time.
History
S 165-210(3) amended by No 7 of 2019, s 3 and Sch 1 items 4 and 5, by substituting
"
*business continuity test under this section if
"
for
"
*same business test if
"
and
"
*business continuity test period
"
for
"
*same business test period
"
, effective 1 April 2019 and applicable in relation to income years starting on or after 1 July 2015.
165-210(4)
So far as the *business continuity test under this section is applied for the purpose of Subdivision
165-B
(which is about working out the taxable income and *tax loss for the income year of change of ownership or control), the company also does
not
satisfy the test if, at any time during the *business continuity test period, it incurs expenditure:
(a)
in carrying on a *business of a kind that it did not carry on before the *test time; or
(b)
as a result of a transaction of a kind that it had not entered into in the course of its business operations before the test time.
History
S 165-210(4) amended by No 7 of 2019, s 3 and Sch 1 items 6 and 7, by substituting
"
*business continuity test under this section is
"
for
"
*same business test is
"
and
"
*business continuity test period
"
for
"
*same business test period
"
, effective 1 April 2019 and applicable in relation to income years starting on or after 1 July 2015.
S 165-210(4) amended by No 114 of 2000.