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INCOME TAX ASSESSMENT ACT 1997 - SECT 719.700

Changeover times under section 165 - 115C or 165 - 115D

  (1)   This section has effect for the purposes of determining whether a time (the test time ) is a * changeover time under section   165 - 115C (about changes in ownership) or 165 - 115D (about changes in control) in respect of the * head company of a * MEC group.

Modified meaning of reference time

  (2)   The reference time is:

  (a)   if no * changeover time has occurred in respect of the head company since the group came into existence and before the test time--when the group came into existence; or

  (b)   otherwise--the time just after the last such changeover time.

  (3)   Subsection   (2) of this section has effect despite subsection   165 - 115A(2A).

Assumptions to make

  (4)   Assume that, while the * MEC group exists:

  (a)   the * top company for the group holds and beneficially owns all the * membership interests in the * head company (instead of whoever actually does); and

  (b)   those membership interests remain the same; and

  (c)   the top company directly controls the voting power in the head company.


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