(1) In working out its * tax offset for the * current year, a company cannot apply a * tax offset it has carried forward if, assuming:
(a) the tax offset were a * tax loss of the company for the income year in which it became entitled to the tax offset; and
(b) section 165 - 20 (deducting part of a tax loss) were disregarded;
Subdivision 165 - A would prevent the company from deducting it for the current year.
Note: Subdivision 165 - A deals with the deductibility of a company's tax loss for an earlier income year if there has been a change in the ownership or control of the company in the loss year or the income year.
(2) If subsection (1) prevents the company from applying
the * tax offset, it can apply the part of the tax offset that it is
reasonable to consider relates to a part of the income year in which it became
entitled to the tax offset, but only if, assuming that part of that
income year had been treated as the whole of it, the company would have been
entitled to apply the tax offset.