New Business Tax System (Consolidation) Act (No. 1) 2002 (68 of 2002)

Schedule 3   Consequential amendments relating to main consolidation provisions

Part 3   Limiting access to group concessions

Division 2   Loss transfers

Income Tax Assessment Act 1997
32   At the end of section 170-130

Add:

(3) One of the companies must be an Australian branch (as defined in Part IIIB of the Income Tax Assessment Act 1936) of a *foreign bank.

Note: The Australian branch can be taken to be a separate entity from the foreign bank for this Subdivision. See Part IIIB of the Income Tax Assessment Act 1936.

(4) The other company must be covered by an item of this table.

The other company

Item

The other company must:

At this time:

1

Be the *head company of a *consolidated group

The end of the application year or, if the company ceases to be *in existence during the application year, just before the cessation

2

Be the *head company of a *MEC group

The end of the application year or, if the group ceases to exist during the application year because the company ceases to be *in existence, just before the cessation

3

Not be a *member of a *consolidatable group

The end of the application year or, if the company ceases to be *in existence during the application year, just before the cessation

Note: The heading to section 170-130 is altered by adding at the end " etc. ".


Copyright notice

© Australian Taxation Office for the Commonwealth of Australia

You are free to copy, adapt, modify, transmit and distribute material on this website as you wish (but not in any way that suggests the ATO or the Commonwealth endorses you or any of your services or products).