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 701
-
Core rules
History
Div 701 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
).
Supporting provisions
SECTION 701-56
Application of subsection 701-55(6)
701-56(1)
Subsection (2) applies in relation to each asset that would be an asset of an entity at the time (the
joining time
) it becomes a
*
subsidiary member of a
*
consolidated group, assuming that subsection
701-1(1)
(the single entity rule) did not apply.
History
S 701-56(1) substituted by No 99 of 2012, s 3 and Sch 3 item 31, effective 29 June 2012. For application provisions see note under s
701-55(5C)
. S 701-56(1) formerly read:
Entry history rule
701-56(1)
To avoid doubt, if subsection 701-55(6) applies in relation to an asset at the time (the
joining time
) an entity (the
joining entity
) became a
*
subsidiary member of a
*
consolidated group, the things that are taken to have happened in relation to the
*
head company of the group under section
701-5
(the entry history rule) do not include:
(a)
the cost, outgoing, expenditure or other amount incurred or paid to acquire the asset by the joining entity; and
(b)
whether the cost, outgoing, expenditure or other amount incurred or paid by the joining entity to acquire the asset has been deducted by the joining entity before the joining time.
S 701-56(1) inserted by No 99 of 2012, s 3 and Sch 3 item 18, effective 29 June 2012. For application provisions see note under s
701-55(5C)
.
Former s 701-56(1) repealed by No 99 of 2012, s 3 and Sch 3 item 4, effective 29 June 2012. For application provisions see note under s
701-55(5C)
. S 701-56(1) formerly read:
Entry history rule
701-56(1)
To avoid doubt, if subsection
701-55(6)
applies in relation to an asset at the time (the
joining time
) an entity (the
joining entity
) became a *subsidiary member of a *consolidated group, the things that are taken to have happened in relation to the *head company of the group under section
701-5
(entry history rule) do not include:
(a)
the cost, outgoing, expenditure or other amount incurred or paid to acquire the asset by the joining entity; and
(b)
whether the cost, outgoing, expenditure or other amount incurred or paid by the joining entity to acquire the asset has been deducted by the joining entity before the joining time.
701-56(1A)
Subsection (2) applies only to the extent necessary for the purposes of subsection
701-55(6)
to determine whether a provision of this Act is to apply in relation to each of those assets on and after the joining time.
History
S 701-56(1A) inserted by No 99 of 2012, s 3 and Sch 3 item 31, effective 29 June 2012. For application provisions see note under s
701-55(5C)
.
701-56(1B)
Subsection (2) applies despite section
701-5
(the entry history rule).
History
S 701-56(1B) inserted by No 99 of 2012, s 3 and Sch 3 item 31, effective 29 June 2012. For application provisions see note under s
701-55(5C)
.
701-56(2)
Treat the
*
head company as having acquired each of those assets at the joining time as part of acquiring the business of the joining entity as a going concern.
History
S 701-56(2) substituted by No 99 of 2012, s 3 and Sch 3 item 31, effective 29 June 2012. For application provisions see note under s
701-55(5C)
. S 701-56(2) formerly read:
Trading stock
701-56(2)
Subsection
701-55(6)
does not apply in relation to an asset if it is
*
trading stock.
S 701-56(2) inserted by No 99 of 2012, s 3 and Sch 3 item 18, effective 29 June 2012. For application provisions see note under s
701-55(5C)
.
Former s 701-56(2) repealed by No 99 of 2012, s 3 and Sch 1 item 4, effective 29 June 2012. For application provisions see note under s
701-55(5C)
. S 701-56(2) formerly read:
Trading stock
701-56(2)
Subsection
701-55(6)
does not apply in relation to an asset if it is *trading stock.
Certain depreciating assets etc
701-56(3)
Subsection
701-55(6)
does not apply in relation to an asset if any of the following provisions are to apply in relation to the asset:
(a)
Subdivision
40-F
(Primary production depreciating assets);
(b)
Subdivision
40-G
(Capital expenditure of primary producers and other landholders);
(c)
Subdivision
40-H
(Capital expenditure that is immediately deductible);
(d)
Subdivision
40-I
(Capital expenditure that is deductible over time);
(e)
Subdivision
40-J
(Capital expenditure for the establishment of trees in carbon sink forests);
(f)
Division
41
(Additional deduction for certain new business investment);
(g)
Division
43
(Deductions for capital works).
History
S 701-56(3) amended by No 99 of 2012, s 3 and Sch 3 item 32, by omitting
"
, other than section 40-880 (Business related costs)
"
after
"
deductible over time)
"
in para (d), effective 29 June 2012. For application provisions see note under s
701-55(5C)
.
History
S 701-56 inserted by No 56 of 2010, s 3 and Sch 5 item 3, applicable on and after 1 July 2002. For transitional provision see note under Subdiv
716-S
.