Commonwealth Consolidated Acts

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INCOME TAX ASSESSMENT ACT 1997 - SECT 703.70

Consolidated group continues in existence with interposed company as head company and original entity as a subsidiary member

  (1)   The * consolidated group is taken not to have ceased to exist under subsection   703 - 5(2) because the company referred to in subsection   615 - 30(2) as the original entity ceases to be the * head company of the group.

  (2)   To avoid doubt, the interposed company is taken to have become the * head company of the * consolidated group at the completion time, and the original entity is taken to have ceased to be the head company at that time.

Note:   A further result is that the original entity is taken to have become a subsidiary member of the group at that time. Section   703 - 80 deals with the original entity's tax position for the income year that includes the completion time.

  (3)   A provision of this Part that applies on an entity becoming a * subsidiary member of a * consolidated group does not apply to an entity being taken to have become such a member as a result of this section, unless the provision is expressed to apply despite this subsection.

Note:   An example of the effect of this subsection is that there is no resetting under section   701 - 10 of the tax cost of assets of the original entity that become assets of the interposed company because of subsection   701 - 1(1) (the single entity rule).

  (4)   To avoid doubt, subsection   (3) does not affect the application of subsection   701 - 1(1) (the single entity rule).


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