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NEW BUSINESS TAX SYSTEM (CONSOLIDATION AND OTHER MEASURES) ACT (NO. 1) 2002 - SCHEDULE 10

Consolidation: transitional rules for MEC tax cost setting provisions

 

Income Tax (Transitional Provisions) Act 1997

 

1   Section   717 - 25 (link note)

Repeal the link note, substitute:

2   At the end of Part   3 - 90

Add:

Division   719 -- MEC rules

 

Table of Subdivisions

719 - C   Cost setting

719 - F   Losses

Subdivision   719 - C -- Cost setting

Table of sections

719 - 160   Transitional cost setting rules on joining have effect with modifications

719 - 165   Modified effect of paragraph 701 - 45(1)(b)

719 - 160   Transitional cost setting rules on joining have effect with modifications

  (1)   Section   719 - 160 of the Income Tax Assessment Act 1997 has effect in relation to the provisions of this Act mentioned in subsection   ( 2) in the same way as that section has effect in relation to the provisions mentioned in subsection 719 - 160(3) of the Income Tax Assessment Act 1997 .

  (2)   The provisions are Divisions   701 and 702 of this Act, other than:

  (a)   section   701 - 5; and

  (b)   section   701 - 40; and

  (c)   section   701 - 45.

  (3)   However, that effect of section   719 - 160 of the Income Tax Assessment Act 1997 is subject to modifications set out in this Division.

719 - 165   Modified effect of paragraph 701 - 45(1)(b)

  (1)   This section applies if the transitional group mentioned in paragraph 701 - 45(1)(b) of this Act is a MEC group.

  (2)   That paragraph applies as if the reference in that paragraph to the entity that became the head company were a reference to any entity that became a member of the group, and that was an eligible tier - 1 company, at the time the transitional group came into existence.

Subdivision   719 - F -- Losses

Table of sections

719 - 305   Available fraction for bundle of losses not affected by concessional rules

719 - 305   Available fraction for bundle of losses not affected by concessional rules

    To avoid doubt, sections   707 - 325 and 707 - 327 do not apply for the purposes of working out the available fraction for the bundle of losses that are taken under subsection 719 - 305(2) of the Income Tax Assessment Act 1997 to be transferred under Subdivision   707 - A of that Act.




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