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INCOME TAX ASSESSMENT ACT 1997 - SECT 960.65

Backdated startup choice

    The table has effect:

 

Backdated startup choice

Item

In this case:

the choice is a backdated startup choice if...

1

you make a choice under item   1 of the table in subsection   960 - 60(1)

(a) both:

(i) you were in existence at the start of the income year in which you made the choice; and

(ii) you make the choice within 90 days after the beginning of that income year or within 30 days after the commencement of this section; or

(b) both:

(i) you came into existence during the income year in which you made the choice; and

(ii) you make the choice within 90 days after you came into existence or within 30 days after the commencement of this section.

2

you make a choice under item   2 of the table in subsection   960 - 60(1)

(a) both:

(i) the permanent establishment was in existence at the start of the income year in which you made the choice; and

(ii) you make the choice within 90 days after the beginning of that income year or within 30 days after the commencement of this section; or

(b) both:

(i) the permanent establishment came into existence during the income year in which you made the choice; and

(ii) you make the choice within 90 days after the permanent establishment came into existence or within 30 days after the commencement of this section.

3

you make a choice under item   3 of the table in subsection   960 - 60(1)

(a) both:

(i) the * offshore banking unit was in existence at the start of the income year in which you made the choice; and

(ii) you make the choice within 90 days after the beginning of that income year or within 30 days after the commencement of this section; or

(b) both:

(i) the offshore banking unit came into existence during the income year in which you made the choice; and

(ii) you make the choice within 90 days after the offshore banking unit came into existence or within 30 days after the commencement of this section.

4

you make a choice under item   4 of the table in subsection   960 - 60(1)

(a) both:

(i) you are an attributable taxpayer of the CFC at the beginning of the CFC's * statutory accounting period in which you made the choice; and

(ii) you make the choice within 90 days after the beginning of the CFC's statutory accounting period or within 30 days after the commencement of this section; or

(b) both:

(i) you became an attributable taxpayer in relation to the CFC during the CFC's statutory accounting period during which you made the choice; and

(ii) you make the choice within 90 days after the beginning of the CFC's statutory accounting period or within 30 days after the commencement of this section.

5

you make a choice under item   5 of the table in subsection   960 - 60(1)

you make the choice within 90 days after the beginning of an income year or within 30 days after the commencement of this section.



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