S 770-105 repealed by
No 143 of 2007
, s 3 and Sch 1 item 227, effective 30 June 2014. S 770-105 formerly read:
SECTION 770-105 Modified operation of Subdivision 707-C of the 1997 Act for foreign loss component
770-105(1)
This section affects the way in which one or more tax losses in a bundle of losses transferred under Subdivision
707-A
of the 1997 Act can be utilised by the transferee in an income year if:
(a)
one or more of the tax losses has a foreign loss component (regardless whether at the time of transfer the bundle included a tax loss having a foreign loss component or an overall foreign loss in respect of a class of income (within the meaning of former section
160AFD
of the 1936 Act)); and
(b)
section
770-30
limits the amount of the foreign loss component that the transferee can deduct in the income year.
770-105(2)
Subdivision
707-C
of the 1997 Act does not limit the utilisation of the foreign loss component for the income year.
Note:
This means that the available fraction does not apply to the foreign loss component of a tax loss in the first 4 years after commencement. Instead, the deduction limit in section
770-30
applies.
770-105(3)
For the purposes of working out under Subdivision
707-C
of the 1997 Act how much of the tax losses in the bundle the transferee can utilise in the income year, section
707-310
of the 1997 Act has effect as if the first reference in paragraph (3)(b) of that section to the transferee's losses included a reference to the sum of the amounts of the foreign loss components for all loss parcels in the income year.
Note:
This affects the limit that Subdivision
707-C
of that Act sets on utilising other tax losses in the bundle (because that limit depends on the transferee's income and gains remaining after utilisation of losses that have not been transferred under Subdivision
707-A
of that Act): see subsection
707-310(3)
of that Act.
S 770-105 inserted by
No 143 of 2007
, s 3 and Sch 1 item 5, applicable in relation to income years, statutory accounting periods and notional accounting periods starting on or after the first 1 July that occurs after 24 September 2007. For savings provisions, see note under Div
770
heading.