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 715
-
Interactions between this Part and other areas of the income tax law
History
Div 715 inserted by No 16 of 2003 (see s
700-1
of the
Income Tax (Transitional Provisions) Act 1997
).
Subdivision 715-E
-
Interactions with Division 775 (Foreign currency gains and losses)
History
Subdiv 715-E inserted by No 56 of 2010, s 3 and Sch 5 item 6, effective 3 June 2010. No 56 of 2010, s 3 and Sch 5 item 7 contains the following application provision:
Application provision
(2)
The amendment applies in relation to a consolidated group or MEC group on and after:
(a)
if the head company of the group makes a choice in accordance with subitems (3) and (4)
-
1 July 2002; or
(b)
otherwise
-
10 February 2010.
(3)
A choice mentioned in paragraph (2)(a) must be made:
(a)
on or before 30 June 2011; or
(b)
within a further time allowed by the Commissioner.
(4)
A choice mentioned in paragraph (2)(a) must be made in writing.
For transitional provision see note under Subdiv
716-S
.
SECTION 715-370
Cost setting
-
reference time for determining currency exchange rate effect
715-370(1)
This section applies if:
(a)
an entity (the
joining entity
) becomes a *subsidiary member of a *consolidated group at a time (the
joining time
); and
(b)
taking into account the operation of subsection
701-1(1)
(the single entity rule), the *head company of the group held an asset at the joining time because the joining entity became a subsidiary member of the group; and
(c)
the asset is a reset cost base asset at the joining time (within the meaning of section
705-35
); and
(d)
in working out the asset's *tax cost setting amount, the currency exchange rate of a particular *foreign currency is taken into account in determining the *market value of the asset.
715-370(2)
For the purposes of Division
775
, determine the extent of any *currency exchange rate effect after the joining time in relation to the asset, by reference to the currency exchange rate for the *foreign currency at the joining time.
History
S 715-370 inserted by No 56 of 2010, s 3 and Sch 5 item 6, effective 3 June 2010. For application provision, see note under Subdiv
715-E
heading. For transitional provision see note under Subdiv
716-S
.