Taxation Laws Amendment Act (No. 5) 2003 (142 of 2003)
Schedule 8 Tax losses
Taxation Administration Act 1953
22 Subsections 45-330(2A) and (3) in Schedule 1
Repeal the subsections, substitute:
Special rule for some entities
(2A) If an entity:
(a) has *tax losses transferred to it under Subdivision 707-A of the Income Tax Assessment Act 1997; or
(b) is a *corporate tax entity at any time during the *base year;
the adjusted taxable income of the entity for the base year is worked out under subsection (1) as if paragraph (1)(c) were replaced by the following provision:
(c) the lesser of the following amounts:
(i) the amount of any tax loss, to the extent that you can carry it forward to the next income year;
(ii) the amount of the deductions for tax losses used in making your *base assessment.
Special rule for life insurance companies
(3) The adjusted taxable income of a *life insurance company for the *base year is worked out as follows:
Method statement
Step 1. Recalculate the *ordinary class of the taxable income for the *base assessment on the basis that the assessable income that relates to the class did not include any *net capital gain.
Step 2. Add to the step 1 result the *complying superannuation class of the taxable income for the *base assessment.
Step 3. Add to the step 2 result the deductions for *tax losses used in making the *base assessment.
Step 4. Reduce the step 3 result by the lesser of the following amounts:
(a) the amount of any tax loss, to the extent that the *life insurance company can carry it forward to the next income year;
(b) deductions for *tax losses used in making the *base assessment.
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).