Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1A) This section applies if an entity (the MEC joining entity ) becomes a * subsidiary member of a * MEC group at a time (the MEC joining time ).
(1) This section has effect for the head company core purposes set out in subsection 701 - 1(2).
General modifying rule
(2) The provisions mentioned in subsection (3) operate, for the purposes of setting the * tax cost of an asset of the MEC joining entity, as if each * subsidiary member of the group (including the MEC joining entity) that is an * eligible tier - 1 company at the MEC joining time were a part of the * head company of the group, rather than a separate entity.
Note 1: This subsection means that references in those provisions to matters internal to the group operate as if eligible tier - 1 companies in the group were parts of the head company of the group. For example:
(a) provisions operating if the head company holds (whether directly or indirectly) membership interests in another entity operate even if an eligible tier - 1 company actually holds those interests; and
(b) provisions operating if the head company owns or controls another entity operate even if one or more eligible tier - 1 companies actually own or control that other entity; and
(c) provisions operating if an entity is interposed between the head company and another entity operate even if the first entity is actually interposed between an eligible tier - 1 company and the other entity.
Note 2: If the MEC joining entity is an eligible tier - 1 company, this subsection means the assets of the entity do not have their tax cost reset at the MEC joining time. This is because Subdivision 705 - A (and related provisions) reset the tax cost of assets of subsidiary members of a group, but not assets of the head company.
(3) The provisions are:
(a) section 701 - 10 (about setting the tax cost of assets of an entity joining a group); and
(b) Subdivision 705 - A; and
(c) any other provision of this Act giving Subdivision 705 - A a modified effect in circumstances other than those covered by that Subdivision.
Note: An example of provisions covered by paragraph (c) are the provisions of Subdivision 705 - B giving Subdivision 705 - A a modified effect when a consolidated group is formed.