INCOME TAX ASSESSMENT ACT 1936 (ARCHIVE)
PART III
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LIABILITY TO TAXATION
Division 3
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Deductions
Subdivision A
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General
SECTION 80E
LOSSES OF PREVIOUS YEARS MAY BE TAKEN INTO ACCOUNT WHERE COMPANY CARRIES ON SAME BUSINESS
80E(1)
[Same business test]
(a) the whole or a part of a loss incurred by a taxpayer, being a company, in a year before the year of income would not, but for this section, by reason of a change that has taken place in the beneficial ownership of shares in the company or in any other company, be taken into account for the purposes of section 79E , 79F , 80, 80AAA or 80AA;
(b) the first-mentioned company carried on at all times during the year of income the same business as it carried on immediately before the change referred to in paragraph (a) took place; and
(c) the first-mentioned company did not, at any time during the year of income, derive income from a business of a kind that it did not carry on, or from a transaction of a kind that it had not entered into in the course of its business operations, before the change took place,
80E(2)
[New business before ownership change]
(a) before the change took place, the company commenced to carry on a business that it had not previously carried on or entered into, in the course of its business operations, a transaction of a kind that it had not previously entered into; and
(b) the company commenced to carry on that business or entered into that transaction for the purpose, or for purposes that included the purpose, of enabling the company to take into account, by virtue of subsection (1), for the purposes of section 79E , 79F , 80 , 80AAA or 80AA a loss that the company had incurred in a year before the first-mentioned year or might incur in the first-mentioned year.
Subject to subsection (2), where -
(a) the whole or a part of a loss incurred by a taxpayer, being a company, in a year before the year of income would not, but for this section, by reason of a change that has taken place in the beneficial ownership of shares in the company or in any other company, be taken into account for the purposes of section 79E , 79F , 80, 80AAA or 80AA;
(b) the first-mentioned company carried on at all times during the year of income the same business as it carried on immediately before the change referred to in paragraph (a) took place; and
(c) the first-mentioned company did not, at any time during the year of income, derive income from a business of a kind that it did not carry on, or from a transaction of a kind that it had not entered into in the course of its business operations, before the change took place,
sections 80A and 80DA do not prevent the whole of the loss being so taken into account.
View history note
Hide history noteSubsection (1) does not apply in respect of a loss incurred by a taxpayer being a company in a year before the year of income if -
(a) before the change took place, the company commenced to carry on a business that it had not previously carried on or entered into, in the course of its business operations, a transaction of a kind that it had not previously entered into; and
(b) the company commenced to carry on that business or entered into that transaction for the purpose, or for purposes that included the purpose, of enabling the company to take into account, by virtue of subsection (1), for the purposes of section 79E , 79F , 80 , 80AAA or 80AA a loss that the company had incurred in a year before the first-mentioned year or might incur in the first-mentioned year.
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