Tax Laws Amendment (2004 Measures No. 2) Act 2004 (83 of 2004)
Schedule 2 Consolidation etc.
Part 4 Cost setting for assets that the head company does not hold under the single entity rule
Income Tax Assessment Act 1997
13 After section 701-55
Insert:
701-58 Effect of setting the tax cost of an asset that the head company does not hold under the single entity rule
(1) This section applies if:
(a) the *tax cost of an asset was set at the time (the joining time ) an entity became a *subsidiary member of a *consolidated group, at the asset's *tax cost setting amount; and
(b) ignoring the operation of subsection 701-1(1) (the single entity rule), the entity held the asset at the joining time; and
(c) taking into account the operation of subsection 701-1(1) (the single entity rule), the *head company of the group did not hold the asset at the joining time.
Example: A debt owed by a member of the group to the joining entity at the joining time.
(2) To avoid doubt, the asset's *tax cost setting amount mentioned in paragraph (1)(a) is not to be taken into account in applying the provisions mentioned in subsections 701-55(2), (3), (4), (5) and (6) in relation to the asset at and after the joining time.
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).