Tax Laws Amendment (2007 Measures No. 4) Act 2007 (143 of 2007)
Schedule 1 New foreign income tax offset rules
Part 4 Consequential and other amendments
Income Tax Assessment Act 1936
120 Subsections 431(4), (4A), (4B) and (4C)
Repeal the subsections, substitute:
(4) A loss for a statutory accounting period is to be taken into account under subsection (2) only if:
(a) where the eligible CFC is a resident of a listed country at the end of the eligible period:
(i) the eligible CFC is a resident of a listed country at the end of that statutory accounting period; and
(ii) if there are any statutory accounting periods (the intervening periods ) occurring between that statutory accounting period and the eligible period - the eligible CFC was a resident of a listed country at the end of each of the intervening periods; or
(b) where the eligible CFC is a resident of an unlisted country at the end of the eligible period:
(i) the eligible CFC is a resident of an unlisted country at the end of that statutory accounting period; and
(ii) if there are any statutory accounting periods (also the intervening periods ) occurring between that statutory accounting period and the eligible period - the eligible CFC was a resident of an unlisted country at the end of each of the intervening periods.
(4A) If:
(a) at the end of both the eligible period and of a prior statutory accounting period, the eligible CFC was a resident of the same country; and
(b) the country was either:
(i) a listed country at the end of the eligible period and an unlisted country at the end of that statutory accounting period; or
(ii) an unlisted country at the end of the eligible period and a listed country at the end of that statutory accounting period;
subsection (4) does not prevent a loss for that statutory accounting period, or an earlier statutory accounting period, from being taken into account under subsection (2).
(4B) If:
(a) the eligible CFC is a resident of an unlisted country at the end of the eligible period; and
(b) that country emerged from the dissolution of another country; and
(c) the other country was in existence at the end of a prior statutory accounting period; and
(d) at the end of that statutory accounting period, the CFC was a resident of the other country; and
(e) the other country was a listed country at the end of that statutory accounting period;
subsection (4) does not prevent a loss for that statutory accounting period, or an earlier statutory accounting period, from being taken into account under subsection (2).
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