New Business Tax System (Consolidation, Value Shifting, Demergers and Other Measures) Act 2002 (90 of 2002)

Schedule 14   Loss integrity rules: global method of valuing assets

Part 1   Income Tax Assessment Act 1997

15   At the end of Subdivision 165-CD

Add:

165-115ZD Adjustment (or further adjustment) for interest realised at a loss after global method has been used

(1) This section affects how sections 165-115ZA and 165-115ZB apply to an interest (the equity ) in, or a debt owed by, a company if, apart from this section, a loss:

(a) would be*realised for income tax purposes by a*realisation event that happens to the equity or debt; or

(b) would be so realised but for Subdivision 170-D (which defers realisation of capital losses and deductions);

and the company chose to use the*global method of working out whether it had an adjusted unrealised loss at the last alteration time:

(c) that happened for the company before the realisation event; and

(d) immediately before which the equity or debt was, or was part of:

(i) if the company was a*loss company at that alteration time - a relevant equity interest, or a relevant debt interest, that an entity had in the company; or

(ii) otherwise - what would have been such an interest if the company had been a loss company at that alteration time.

Note: If that last alteration time is before the day on which theNew Business Tax System (Consolidation, Value Shifting, Demergers and Other Measures) Act 2002 received the Royal Assent, the owner of the equity or debt may choose to apply section 165-115ZD of theIncome Tax (Transitional Provisions) Act 1997 instead of this section.

(2) In addition to any application to the equity or debt, in relation to that last alteration time, that sections 165-115ZA and 165-115ZB have apart from this section, those sections apply (and are taken always to have applied) to the equity or debt, in relation to that last alteration time, as if:

(a) the company had an adjusted unrealised loss at that time worked out under this section; and

(b) the company were therefore a*loss company at that time; and

(c) that adjusted unrealised loss were the company's overall loss at that time.

(3) For the purposes of how sections 165-115ZA and 165-115ZB apply because of this section, the adjustment amount under section 165-115ZB is to be worked out and applied in accordance with subsection 165-115ZB(6) (the non-formula method).

Adjusted unrealised loss worked out under this section

(4) The adjusted unrealised loss referred to in paragraph (2)(a) is worked out using this method statement:

Method statement

Step 1. Add up the amount or value of each thing covered by subsection (5).

Step 2. If the step 1 amount exceeds the loss referred to in paragraph (1)(a), reduce the step 1 amount by the excess.

Step 3. Reduce the step 2 amount by so much of the loss referred to in paragraph (1)(a) as it is reasonable to conclude is attributable tonone of these:

(a) a notional capital loss, or a notional revenue loss, that the company has at that last alteration time in respect of a*CGT asset;

(b) a trading stock decrease in relation to that time for a CGT asset that was*trading stock of the company at that time.

(5) This subsection covers each thing covered by an item in the table, except to the extent that:

(a) it is reasonable to conclude that the thing wasnot attributable to value that is reflected in a notional capital gain or notional revenue gain that the company has at that last alteration time in respect of a*CGT asset; or

(b) the thing has resulted in a reduction of the*reduced cost base of the equity or debt.

(6) The period starts at that last alteration time and ends at the earlier of:

(a) the time of the*realisation event referred to in paragraph (1)(a); or

(b) the time immediately before the earliest time when the equity or debt is no longer, or is no longer part of:

(i) if the company was a*loss company at that last alteration time - a relevant equity interest, or a relevant debt interest, that an entity has in the company; or

(ii) otherwise - what would have been such an interest if the company had been a loss company at that last alteration time.

(7) For the purposes of item 6 of the table in subsection (5), the*capital proceeds of the*CGT event are to be worked out:

(a) under subsection 116-20(1) only; and

(b) disregarding subsection 103-10(1) and paragraph 103-10(2)(a) (about entitlement to receive money or property).

Notices under section 165-115ZC not affected

(8) To avoid doubt:

(a) a notice need not be given under section 165-115ZC because of this section; and

(b) this section does not affect the requirements that apply to a notice that otherwise must be given under that section.