Commonwealth Consolidated Acts

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INCOME TAX ASSESSMENT ACT 1997 - SECT 719.76

Notice of choice to consolidate

  (1)   This section applies if:

  (a)   a * MEC group comes into existence on the day specified in a choice under section   719 - 50; and

  (b)   subsection   719 - 75(1), (2) or (3) would apply to the MEC group in relation to the * income year of a company in which the specified day occurred; and

  (c)   in a case where subsection   719 - 75(1) or (2) applies--the company will be the * head company of the group as at the end of the income year; and

  (d)   in a case where subsection   719 - 75(3) applies--the company will be the head company of the group immediately before the group ceased to exist.

  (2)   The company must give the Commissioner a notice in the * approved form containing the following information:

  (a)   the identity of the company;

  (b)   the day specified in the choice on which the * MEC group comes into existence;

  (c)   the identity of each * eligible tier - 1 company of the * top company in relation to the MEC group on that day;

  (d)   the identity of each * subsidiary member of the group on that day;

  (e)   the identity of each entity that was a subsidiary member of the group on that day but was not such a subsidiary member when the notice is given;

  (f)   the identity of each entity that was not a subsidiary member of the group on that day but was such a subsidiary member when the notice is given;

  (g)   the identity of each entity that became a subsidiary member of the group after that day but was not such a subsidiary member when the notice is given.

  (3)   The notice must be given no later than:

  (a)   if the company is required to give the Commissioner its * income tax return for the income year during which that day occurs--the day on which the company gives the Commissioner that income tax return; or

  (b)   otherwise--the last day in the period within which the company would be required to give the Commissioner such a return if it were required to give the Commissioner such a return.


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