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INCOME TAX ASSESSMENT ACT 1997 - SECT 705.93

If pre - joining time roll - over from foreign resident company or head company--step 3A in working out allocable cost amount

When there is a step 3A amount

  (1)   For the purposes of step 3A in the table in section   705 - 60, there is a step 3A amount if:

  (a)   before the joining time:

  (i)   there was a roll - over under Subdivision   126 - B (a Subdivision   126 - B roll - over ) in relation to a * CGT event that happened in relation to an asset (the roll - over asset ); or

  (ii)   former section   160ZZO of the Income Tax Assessment Act 1936 applied in relation to a disposal (a section   160ZZO roll - over ) of an asset (also the roll - over asset ); and

  (aa)   at the joining time, as a result of the Subdivision   126 - B roll - over or the section   160ZZO roll - over, the roll - over asset has:

  (i)   a * deferred roll - over gain; or

  (ii)   a * deferred roll - over loss; and

  (b)   the originating company in relation to the Subdivision   126 - B roll - over, or the transferor in relation to the section   160ZZO roll - over:

  (i)   was a foreign resident; or

  (ii)   is the * head company in relation to the joined group; and

  (c)   the recipient company in relation to the Subdivision   126 - B roll - over, or the transferee in relation to the section   160ZZO roll - over:

  (i)   was an Australian resident; and

  (ii)   is a * spread entity in relation to the joined group; and

  (d)   if the recipient company was previously a * subsidiary member of another consolidated group--the conditions in section   104 - 182 were not satisfied at any time in relation to the other group between the Subdivision   126 - B roll - over, or the section   160ZZO roll - over, and the joining time; and

  (e)   the roll - over asset is not a * pre - CGT asset at the joining time; and

  (f)   the roll - over asset becomes that of the head company of the joined group because subsection   701 - 1(1) (the single entity rule) applies when the joining entity becomes a * subsidiary member of the group.

  (2)   The step 3A amount is the amount of the * deferred roll - over gain or the * deferred roll - over loss mentioned in paragraph   (1)(aa).



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