New Business Tax System (Consolidation and Other Measures) Act (No. 1) 2002 (117 of 2002)

Schedule 12   Consolidation: amendments relating to Division 170

Income Tax Assessment Act 1997

11   At the end of section 170-55

Add:

(3) If:

(a) the*loss company has 2 or more*tax losses, or 2 or more*film losses, it can transfer for the*deduction year; and

(b) it incurred at least one of those losses apart from Subdivision 707-A and at least one of those losses because of a transfer under that Subdivision;

it can transfer under this Subdivision the losses it incurred because of a transfer under Subdivision 707-A onlyafter transferring under this Subdivision the losses it incurred apart from that Subdivision.

(4) For the purposes of subsection (3), treat a loss incurred by the company both apart from that Subdivision and because of a transfer under that Subdivision as a loss incurred because of a transfer under that Subdivision.

(5) Subsections (1) and (2) have effect subject to subsection (3).