Income Tax Assessment Act 1997

CHAPTER 3 - SPECIALIST LIABILITY RULES  

PART 3-90 - CONSOLIDATED GROUPS  

Division 719 - MEC groups  

Subdivision 719-BA - Group conversions involving MEC groups  

SECTION 719-130   Provisions of this Part not to apply to conversion  

719-130(1)    
A provision mentioned in subsection (5) that applies on an entity becoming a *member of a *consolidated group or *MEC group does not apply to an entity becoming such a member because of a situation described in subsection 719-120(1) , unless the provision is expressed to apply despite this subsection.

Note 1:

An example of the effect of this subsection is that section 701-5 (entry history rule) does not apply. See instead section 719-125 .

Note 2:

Further examples of the effect of this subsection are that Division 705 (cost setting on entry) and Division 707 (losses) do not apply.


719-130(2)    
Subsection (1) does not affect the application of subsection 701-1(1) (the single entity rule).

719-130(3)    
A provision mentioned in subsection (5) that applies on an entity ceasing to be a *member of a *consolidated group or *MEC group does not apply to an entity ceasing being such a member because of a situation described in subsection 719-120(1) , unless the provision is expressed to apply despite this subsection.

Note 1:

An example of the effect of this subsection is that section 701-40 (Exit history rule) does not apply. See instead section 719-125 .

Note 2:

Another example of the effect of this subsection is that Division 711 (cost setting on exit) does not apply.


719-130(4)    
Subsection (3) does not apply if:


(a) the old group mentioned in subsection 719-120(1) is a *consolidated group; and


(b) the new group mentioned in subsection 719-120(1) is a *MEC group; and


(c) the entity ceasing to be a *member of the old group becomes an *eligible tier-1 company in respect of the new group.

719-130(5)    
The provisions are as follows:


(a) Subdivision 104-L ;


(b) section 165-212E ;


(c) this Part (other than this Subdivision);


(d) Part 3-90 of the Income Tax (Transitional Provisions) Act 1997 .


 

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.