Tax Laws Amendment (Loss Recoupment Rules and Other Measures) Act 2005 (147 of 2005)
Schedule 1 Loss recoupment rules for companies etc.
Income Tax Assessment Act 1997
78 At the end of Division 165
Add:
Subdivision 165-G - Other special provisions
Table of sections
165-250 Control of companies in liquidation etc.
165-255 Incomplete periods
165-250 Control of companies in liquidation etc.
(1) For the purposes of sections 165-15, 165-40, 165-115D, 165-115M and 165-129, a person is not prevented from controlling, or being or becoming able to control, voting power in a company merely because:
(a) the company is or becomes:
(i) an externally-administered body corporate within the meaning of the Corporations Act 2001; or
(ii) an entity with a similar status under a *foreign law to an externally-administered body corporate; or
(b) either:
(i) a provisional liquidator is appointed to the company under section 472 of the Corporations Act 2001; or
(ii) a person with a similar status under a foreign law to a provisional liquidator is appointed to the company.
(2) For the purposes of sections 165-15, 165-40, 165-115D, 165-115M and 165-129, a company (the stakeholding company ) is not prevented from controlling, or being or becoming able to control, voting power in another company merely because:
(a) the stakeholding company is or becomes:
(i) an externally-administered body corporate within the meaning of the Corporations Act 2001; or
(ii) an entity with a similar status under a *foreign law to an externally-administered body corporate; or
(b) either:
(i) a provisional liquidator is appointed to the stakeholding company under section 472 of the Corporations Act 2001; or
(ii) a person with a similar status under a foreign law to a provisional liquidator is appointed to the stakeholding company.
165-255 Incomplete periods
(1) If:
(a) this Division or Division 166 requires a company to meet or satisfy a condition or test, or work out an amount, for a period; and
(b) the company is only in existence after the beginning of the period;
then the period is taken to start on the first day that the company is in existence.
(2) If:
(a) this Division or Division 166 requires a company to meet or satisfy a condition or test, or work out an amount, for a period; and
(b) the company ceases to be in existence before the end of the period;
then the period is taken to end on the day the company ceases to be in existence.
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