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 717
-
International tax rules
History
Div 717 inserted by No 90 of 2002, s 3 and Sch 6 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 717-E
-
Transfer of certain surpluses under CFC provisions and former FIF and FLP provisions: exit rules
History
Subdiv 717-E (heading) substituted by No 114 of 2010, s 3 and Sch 1 item 57, effective 14 July 2010. The heading formerly read:
Subdivision 717-E
-
Transfer of certain surpluses under CFC, FIF and FLP provisions: exit rules
Subdiv 717-E (heading) substituted by No 16 of 2003, s 3 and Sch 8 item 4, effective 24 October 2002 and applicable on and after 1 July 2002 (see sec
700-1
of the
Income Tax (Transitional Provisions) Act 1997
). The heading formerly read:
Subdivision 717-E
-
Attributable income: exit rules
Subdiv 717-E inserted by No 90 of 2002, s 3 and Sch 6 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
).
Object
SECTION 717-240
717-240
Object of this Subdivision
The main object of this Subdivision is to avoid double taxation by transferring from the
*
head company of a
*
consolidated group to a company (the
leaving company
) that ceases to be a
*
subsidiary member of the group at a time (the
leaving time
) the benefit of each of these surpluses (to the extent that each surplus can be attributed to the leaving company):
(a)
the attribution surplus (if any) for an attribution account entity (within the meaning of Part
X
of the
Income Tax Assessment Act 1936
) in relation to the head company just before the leaving time;
(b)
the post FIF abolition surplus (if any) (within the meaning of the
Income Tax Assessment Act 1936
) for a FIF attribution account entity (within the meaning of former Part
XI
of that Act) in relation to the head company just before the leaving time.
(c)
(Repealed by No 114 of 2010)
(d)
(Repealed by
No 143 of 2007
)
History
S 717-240 amended by No 114 of 2010, s 3 and Sch 1 item 59, by substituting para (b) for (c), applicable in relation to the 2010-11 year of income for a taxpayer and later years of income. Para (c) formerly read:
(c)
the FIF attribution surplus (if any) for a FIF attribution account entity (within the meaning of Part XI of the
Income Tax Assessment Act 1936
) in relation to the head company just before the leaving time.
S 717-240 amended by
No 143 of 2007
, s 3 and Sch 1 items 171 to 173, by repealing para (b), substituting
"
leaving time.
"
for
"
leaving time;
"
in para (c) and repealing para (d), applicable in relation to income years, statutory accounting periods and notional accounting periods starting on or after the first 1 July that occurs after 24 September 2007. For savings provisions, see note under
Div 770 heading
. Paras (b) and (d) formerly read:
(b)
the attributed tax account surplus (if any) for an attribution account entity (within the meaning of Part X of the
Income Tax Assessment Act 1936
) in relation to the head company just before the leaving time;
(d)
the FIF attributed tax account surplus (if any) for a
*
FIF (within the meaning of Part XI of the
Income Tax Assessment Act 1936
) in relation to the head company just before the leaving time.
S 717-240 inserted by No 90 of 2002, s 3 and Sch 6 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
).