Commonwealth Consolidated Acts

INCOME TAX ASSESSMENT ACT 1997 - SECT 715.270

  (1)   At and after the time (the leaving time ) when a trust ceases to be a * subsidiary member of a * consolidated group, Subdivision   165 - CD (about reductions after alterations in ownership or control of loss company) applies to the trust on the basis set out in this section.

  (2)   The trust is taken to be a company.

  (3)   The leaving time is the only alteration time in respect of the trust.

  (4)   The trust is a loss company at that time if, and only if, it has an * adjusted unrealised loss at that time. If so, that adjusted unrealised loss is its overall loss at that time.

  (5)   If the trust is a * loss company at the leaving time and the * head company has a relevant equity interest under section   165 - 115X in the leaving entity at the leaving time, the head company must choose whether subsection   (6) or (7) of this section has effect for the purposes of applying, to each * membership interest in the trust, in relation to the time just before the leaving time, whichever of these provisions is appropriate:

  (a)   subsection   701 - 55(3) (about trading stock);

  (b)   subsection   701 - 55(5), but only so far as it relates to working out the * reduced cost base of a * membership interest that was * acquired on or after 20   September 1985;

  (c)   subsection   701 - 55(6) (about revenue assets).

Note:   Section   701 - 55 is about setting the tax cost of an asset.

  (5A)   For the purposes of subsection   (5), in determining whether the * head company has the relevant equity interest, disregard the operation of subsection   701 - 1(1) (the single entity rule) in applying subsections   165 - 115X(2C) and 165 - 115X(4).

  (6)   If the * head company chooses this subsection, the interest's * tax cost setting amount (apart from this section) just before the leaving time is reduced to nil.

  (7)   If the * head company chooses this subsection, the interest's * tax cost setting amount (apart from this section) just before the leaving time is reduced by the adjustment amount under section   165 - 115ZB, which is calculated on the basis that:

  (a)   just before the leaving time:

  (i)   all the * membership interests in the leaving entity constituted a single relevant equity interest under section   165 - 115X that the * head company had in the leaving entity; and

  (ii)   each of those interests was an equity under section   165 - 115X that the * head company had in the leaving entity; and

  (b)   the adjustment amount is worked out and applied in accordance with subsection   165 - 115ZB(6), but disregarding the paragraphs of that subsection except paragraphs 165 - 115ZB(6)(a) and (d).

  (8)   The * head company's choice must be made within 6 months after the leaving time, or within a further period allowed by the Commissioner.

  (9)   After that 6 months, or that further period, the head company is taken to have chosen subsection   (6) unless it is established that the head company made a different choice within that 6 months or further period.

Non - membership equity interests

  (10)   Subsection   711 - 15(2) (which treats * non - membership equity interests as * membership interests) also applies for the purposes of this section, on the basis that the * consolidated group is the old group referred to in that subsection.