Tax Laws Amendment (Loss Recoupment Rules and Other Measures) Act 2005 (147 of 2005)

Schedule 1   Loss recoupment rules for companies etc.

Income Tax Assessment Act 1997

7   Section 36-25 (table item 2 in the table headed "Tax losses of companies")

Repeal the table item, substitute:

2.

A company wants to deduct a tax loss. It cannot do so unless:

• the same people owned the company during the loss year, the income year and any intervening year; and

• no person controlled the company's voting power at any time during the income year who did not also control it during the whole of the loss year and any intervening year;

or the company has satisfied the same business test.

Subdivision 165-A