Income Tax Assessment Act 1997

CHAPTER 3 - SPECIALIST LIABILITY RULES

PART 3-5 - CORPORATE TAXPAYERS AND CORPORATE DISTRIBUTIONS

Division 160 - Corporate loss carry back tax offset for 2020-21, 2021-22 or 2022-23 for businesses with turnover under $5 billion

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History

Div 160 heading amended by No 8 of 2022, s 3 and Sch 6 item 4, substituting " , 2021-22 or 2022-23 " for " or 2021-22 " , effective 1 April 2022.

Div 160 inserted by No 92 of 2020, s 3 and Sch 2 item 2, effective 1 January 2021.

Former Div 160 repealed by No 96 of 2014, s 3 and Sch 2 item 1, effective 30 September 2014 and applicable to assessments for the income year before the income year in which this Schedule commences, for the income year in which this Schedule commences and for later income years. No 96 of 2014, s 3 and Sch 2 item 43 contains the following transitional and saving provision:

43 Making and amending assessments, and doing other things, in relation to past matters
43(1)
Even though a part of an Act is repealed or amended by this Schedule, the repeal or amendment is disregarded for the purpose of doing any of the following under any Act or legislative instrument (within the meaning of the Legislative Instruments Act 2003 ):

(a) making or amending an assessment (including under a provision that is itself repealed or amended);

(b) exercising any right or power, performing any obligation or duty or doing any other thing (including under a provision that is itself repealed or amended);
in relation to any act done or omitted to be done, any state of affairs existing, or any period ending, before the repeal or amendment applies.

43(2)
This item does not limit the operation of the Acts Interpretation Act 1901.

Former Div 160 inserted by No 88 of 2013, s 3 and Sch 5 item 2, effective 29 June 2013.

Subdivision 160-B - Loss carry back choice

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SECTION 160-25 Entity must have been a corporate tax entity during relevant years

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160-25(1)
If the *current year is the 2020-21 income year:

(a) the entity cannot *carry back an amount of a *tax loss to the 2018-19 income year unless the entity was a *corporate tax entity throughout:

(i) the 2018-19 income year (disregarding any period when the entity was not in existence); and

(ii) the 2019-20 income year; and

(b) the entity cannot carry back an amount of a tax loss to the 2019-20 income year unless the entity was a corporate tax entity throughout the 2019-20 income year (disregarding any period when the entity was not in existence).

Note:

The entity must be a corporate tax entity throughout 2020-21: see paragraph 160-5(b) .

160-25(2)
If the *current year is the 2021-22 income year:

(a) the entity cannot *carry back an amount of a *tax loss to the 2018-19 income year unless the entity was a *corporate tax entity throughout:

(i) the 2018-19 income year (disregarding any period when the entity was not in existence); and

(ii) the 2019-20 income year; and

(iii) the 2020-21 income year; and

(b) the entity cannot carry back an amount of a tax loss to the 2019-20 income year unless the entity was a corporate tax entity throughout:

(i) the 2019-20 income year (disregarding any period when the entity was not in existence); and

(ii) the 2020-21 income year; and

(c) the entity cannot carry back an amount of a tax loss to the 2020-21 income year unless the entity was a corporate tax entity throughout the 2020-21 income year (disregarding any period when the entity was not in existence).

Note:

The entity must be a corporate tax entity throughout 2021-22: see paragraph 160-5(b) .

160-25(3)

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If the *current year is the 2022-23 income year:

(a) the entity cannot *carry back an amount of a *tax loss to the 2018-19 income year unless the entity was a *corporate tax entity throughout:

(i) the 2018-19 income year (disregarding any period when the entity was not in existence); and

(ii) the 2019-20 income year; and

(iii) the 2020-21 income year; and

(iv) the 2021-22 income year; and

(b) the entity cannot carry back an amount of a tax loss to the 2019-20 income year unless the entity was a corporate tax entity throughout:

(i) the 2019-20 income year (disregarding any period when the entity was not in existence); and

(ii) the 2020-21 income year; and

(iii) the 2021-22 income year; and

(c) the entity cannot carry back an amount of a tax loss to the 2020-21 income year unless the entity was a corporate tax entity throughout:

(i) the 2020-21 income year (disregarding any period when the entity was not in existence); and

(ii) the 2021-22 income year; and

(d) the entity cannot carry back an amount of a tax loss to the 2021-22 income year unless the entity was a corporate tax entity throughout the 2021-22 income year (disregarding any period when the entity was not in existence).

Note:

The entity must be a corporate tax entity throughout 2022-23: see paragraph 160-5(b) .

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