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 707
-
Losses for head companies when entities become members etc.
History
Div 707 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 707-A
-
Transfer of losses to head company
History
Subdiv 707-A heading substituted by No 88 of 2013, s 3 and Sch 6 item 28, effective 29 June 2013. The heading formerly read:
Subdivision 707-A
-
Transfer of previously unutilised losses to head company
Subdiv 707-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
SECTION 707-115
707-115
What losses this Subdivision applies to
This Subdivision applies to a loss of any
*
sort if:
(a)
an entity (the
joining entity
) becomes a
*
member of a
*
consolidated group (the
joined group
) at a time (the
joining time
) in an income year (the
joining year
); and
(b)
the loss was made by the joining entity for an income year ending before the joining time.
Note 1:
If the joining entity had a loss transferred to it by a previous operation of this Subdivision (when the entity was the head company of a consolidated group), this Subdivision operates later as if the joining entity had made the loss. See section
707-140
.
Note 2:
Section 707-405 may affect the income year for which the joining entity is treated as having made the loss, if the joining entity made the loss and the loss is referable to part of an income year.
History
S 707-115 renumbered from s 707-115(1) by No 88 of 2013, s 3 and Sch 6 item 32, effective 29 June 2013.
707-115(2)
(Repealed by No 88 of 2013)
History
S 707-115(2) repealed by No 88 of 2013, s 3 and Sch 6 item 33, effective 29 June 2013. S 707-115(2) formerly read:
707-115(2)
This Subdivision applies to the loss only to the extent to which the loss is
not
utilised or otherwise reduced for:
(a)
an income year ending before the joining time; or
(b)
a non-membership period mentioned in section
701-30
that ended before the joining time.
S 707-115 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
).