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-F
-
Interactions with Division 230 (financial arrangements)
History
Subdiv 715-F inserted by
No 15 of 2009
, s 3 and Sch 1 item 89, effective 26 March 2009. For application and transitional provisions see note under Div
230
heading.
SECTION 715-375
Cost setting on joining
-
amount of liability that is Division 230 financial arrangement
715-375(1)
Subsection (2) applies if:
(a)
an entity (the
joining entity
) becomes a *subsidiary member of a *consolidated group at a time (the
joining time
); and
(b)
a thing (the
accounting liability
) is, in accordance with *accounting standards, or statements of accounting concepts made by the Australian Accounting Standards Board, a liability of the joining entity at the joining time (disregarding subsection
701-1(1)
(the single entity rule)) that can or must be recognised in the entity
'
s statement of financial position; and
(c)
the accounting liability is or is part of a *Division 230 financial arrangement of the head company at the joining time (because of subsection
701-1(1)
(the single entity rule)).
History
S 715-375(1) amended by No 99 of 2012, s 3 and Sch 2 items 1 and 2, by inserting
"
(disregarding subsection 701-1(1) (the single entity rule))
"
in para (b) and substituting para (c), effective 26 March 2009 and applicable in the same way as Part 2 of Schedule 1 to the
Tax Laws Amendment (Taxation of Financial Arrangements) Act 2009
applies. Para (c) formerly read:
(c)
the accounting liability is or is part of a *Division
230
financial arrangement.
715-375(2)
For the purposes of Division 230 and Schedule 1 to the
Tax Laws Amendment (Taxation of Financial Arrangements) Act 2009
, treat the
*
head company of the group as starting to have the accounting liability at the joining time for receiving a payment equal to:
(a)
if the liability is or is part of a
*
Division 230 financial arrangement of the head company at the joining time (because of subsection
701-1(1)
(the single entity rule)):
(i)
to which Subdivision 230-B (accruals method or realisation method) applies; or
(ii)
to which Subdivision 230-E (hedging financial arrangements method) applies;
the amount of the liability, as determined in accordance with:
(iii)
the joining entity
'
s
*
accounting principles for tax cost setting; or
(iv)
if the amount of the liability cannot be determined in accordance with the joining entity
'
s accounting principles for tax cost setting
-
comparable standards for accounting made under a
*
foreign law; or
(b)
otherwise
-
the liability
'
s
*
Division 230 starting value at the joining time.
History
S 715-375(2) substituted by No 99 of 2012, s 3 and Sch 2 item 3, effective 26 March 2009 and applicable in the same way as Part 2 of Schedule 1 to the
Tax Laws Amendment (Taxation of Financial Arrangements) Act 2009
applies. S 715-375(2) formerly read:
715-375(2)
For the purposes of Division
230
, treat the *head company of the group as starting to have the accounting liability at the joining time.
715-375(3)
(Repealed by No 99 of 2012)
History
S 715-375(3) repealed by No 99 of 2012, s 3 and Sch 2 item 3, effective 26 March 2009 and applicable in the same way as Part 2 of Schedule 1 to the
Tax Laws Amendment (Taxation of Financial Arrangements) Act 2009
applies. S 715-375(3) formerly read:
715-375(3)
Subsection (4) applies if:
(a)
the requirements in subsection (1) are met; and
(b)
Subdivision 230-C (fair value method), Subdivision 230-D (foreign exchange retranslation method) or Subdivision 230-F (reliance on financial reports method) is to apply in relation to the accounting liability after the joining time.
715-375(4)
(Repealed by No 99 of 2012)
History
S 715-375(4) repealed by No 99 of 2012, s 3 and Sch 2 item 3, effective 26 March 2009 and applicable in the same way as Part 2 of Schedule 1 to the
Tax Laws Amendment (Taxation of Financial Arrangements) Act 2009
applies. S 715-375(4) formerly read:
715-375(4)
For as long as Subdivision 230-C, 230-D or 230-F applies in relation to the accounting liability, treat the amount of the accounting liability as its *Division 230 starting value at the joining time for the purposes of those Subdivisions and Subdivision 230-G.
History
S 715-375 inserted by
No 15 of 2009
, s 3 and Sch 1 item 89, effective 26 March 2009. For application and transitional provisions see note under Div
230
heading.