Income Tax Assessment Act 1997

Chapter 4 inserted by No 162 of 2001.

Part 4-5 inserted by No 162 of 2001.

Division 820 inserted by No 162 of 2001.

Subdiv 820-FA inserted by No 117 of 2002. For application provision see Div 820 of the Income Tax (Transitional Provisions) Act 1997 .

S 820-583(1) substituted by No 23 of 2024, s 3 and Sch 2 item 79, effective 1 July 2024. For application provisions, see note under s 705-60 . S 820-583(1) formerly read:

Outward investing entity (non-ADI)

820-583(1)
The *head company of a *consolidated group or of a *MEC group is an outward investing entity (non-ADI) for a period that is all or part of an income year if, and only if, it is:
(a) an *outward investor (general) for that period (because of subsection (2)); or
(b) an *outward investor (financial) for that period (because of subsection (3)).

S 820-583(2) repealed by No 23 of 2024, s 3 and Sch 2 item 79, effective 1 July 2024. For application provisions, see note under s 705-60 . S 820-583(2) formerly read:

Outward investor (general)

820-583(2)
The *head company of a *consolidated group or of a *MEC group is an outward investor (general) for a period that is all or part of an income year if:
(a) for that period, the head company satisfies the condition in the second column of item 1 or 3 of the table in subsection 820-85(2); and
(b) no *member of the group is a *financial entity or *ADI at any time during that period.

S 820-583(3) amended by No 23 of 2024, s 3 and Sch 2 items 81 and 82, by substituting " investing financial entity (non-ADI) " for " investor (financial) " and " item 1 or 2 " for " item 1 or 3 " in para (a), effective 1 July 2024. For application provisions, see note under s 705-60 .

S 820-583(4) substituted by No 23 of 2024, s 3 and Sch 2 item 83, effective 1 July 2024. For application provisions, see note under s 705-60 . S 820-583(4) formerly read:

Inward investing entity (non-ADI)

820-583(4)
The *head company of a *consolidated group or of a *MEC group is an inward investing entity (non-ADI) for a period that is all or part of an income year if, and only if, it is:
(a) an *inward investment vehicle (general) for that period (because of subsection (5)); or
(b) an *inward investment vehicle (financial) for that period (because of subsection (6)).

S 820-583(5) repealed by No 23 of 2024, s 3 and Sch 2 item 83, effective 1 July 2024. For application provisions, see note under s 705-60 . S 820-583(5) formerly read:

Inward investment vehicle (general)

820-583(5)
The *head company of a *consolidated group or of a *MEC group is an inward investment vehicle (general) for a period that is all or part of an income year if:
(a) throughout that period, the head company is a *foreign controlled Australian entity; and
(b) no member of the group is a *financial entity or *ADI at any time during that period.

S 820-583(5) amended by No 65 of 2019, s 3 and Sch 1 items 4 and 5, by substituting " . " for " ; " in para (b) and omitting all of the words after para (b), effective 1 October 2019. For application and transitional provisions, see note under s 820-680(2) . The words after para (b) formerly read:

unless the head company is an *outward investing entity (non-ADI) for all or part of that period.

S 820-583(6) amended by No 65 of 2019, s 3 and Sch 1 items 6 and 7, by substituting " . " for " ; " in para (c) and omitting all of the words after para (c), effective 1 October 2019. For application and transitional provisions, see note under s 820-680(2) . The words after para (c) formerly read:

unless the head company is an *outward investing entity (non-ADI) for all or part of that period.

S 820-583(7) amended by No 23 of 2024, s 3 and Sch 2 item 84, by inserting " financial " in para (b)(i), effective 1 July 2024. For application provisions, see note under s 705-60 .

S 820-583 inserted by No 117 of 2002. For application provision see Div 820 of the Income Tax (Transitional Provisions) Act 1997 .