Commonwealth Consolidated Acts

INCOME TAX ASSESSMENT ACT 1997 - SECT 820.597

  (1)   This section applies if there is a period (the grouping period ) for which all these conditions are met:

  (a)   the period was all or part of an income year of the * head company of a * consolidated group or * MEC group;

  (b)   the consolidated group or MEC group existed throughout the period;

  (c)   the head company and an entity (the establishment entity ) covered by one of the following subparagraphs are both members of the same * wholly - owned group throughout the period:

  (i)   a * foreign bank that carried on its banking * business in Australia through at least one * Australian permanent establishment at each time in the period;

  (ii)   a * foreign entity that was a * financial entity and had at least one Australian permanent establishment at each time in the period;

  (d)   there is not a longer period in the income year for which the conditions in paragraphs   (a), (b) and (c) are met in relation to the head company and the establishment entity.

Note:   It does not matter whether the income year ended on the same day for the head company and the establishment entity.

  (2)   The * head company may choose to have all of the * Australian permanent establishments of the establishment entity treated as part of the head company for the grouping period for the purposes of this Division.

  (3)   If the conditions in subsection   (1) are met in relation to the * head company and more than one other establishment entity, the head company may make a different choice in relation to each of the other establishment entities.