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NEW BUSINESS TAX SYSTEM (CONSOLIDATION AND OTHER MEASURES) ACT 2003 - SCHEDULE 11

Consolidation: application of rules to MEC groups

 

Income Tax Assessment Act 1997

1   Before Subdivision   719 - B

Insert:

Subdivision   719 - A -- Modified application of Part   3 - 90 to MEC groups

719 - 2   Modified application of Part   3 - 90 to MEC groups

  (1)   This Part (other than Division   703 and this Division) has effect in relation to a * MEC group in the same way in which it has effect in relation to a * consolidated group.

Note:   A provision in this Part (other than in Division   703 or in this Division) mentioning 2 separate consolidated groups will, under subsection   ( 1), have an additional operation when the groups are both MEC groups or when one is a MEC group and the other is a consolidated group.

  (2)   However, that effect is subject to the modifications set out in this Division.

  (3)   For the purposes of subsection   ( 1), a reference in this Part (other than in Division   703 or this Division) to a provision in Division   703 applies as if it referred instead to that provision or the corresponding provision in Subdivision   719 - B (as appropriate).

2   Subsection 995 - 1(1) (at the end of the definition of consolidated group )

Add:

Note 1:   Part   3 - 90 contains rules relating to the tax treatment of consolidated groups. Division   719 (of that Part) applies those rules to MEC groups with modifications (see section   719 - 2).

Note 2:   Provisions in the Income Tax Assessment Act 1936 and in the Income Tax Assessment Act 1997 (other than in Part   3 - 90) referring only to consolidated groups do not apply to MEC groups.

3   Subsection 995 - 1(1) (at the end of the definition of MEC group )

Add:

Note 1:   Part   3 - 90 contains rules relating to the tax treatment of consolidated groups. Division   719 (of that Part) applies those rules to MEC groups with modifications (see section   719 - 2).

Note 2:   Provisions in the Income Tax Assessment Act 1936 and in the Income Tax Assessment Act 1997 (other than in Part   3 - 90) referring only to consolidated groups do not apply to MEC groups.

Income Tax (Transitional Provisions) Act 1997

4   Before Subdivision   719 - C

Insert:

Subdivision   719 - A -- Modified application of Part   3 - 90 to MEC groups

719 - 2   Modified application of Part   3 - 90 to MEC groups

  (1)   This Part (other than Division   703 and this Division) has effect in relation to a MEC group in the same way in which it has effect in relation to a consolidated group.

  (2)   However, that effect is subject to the modifications set out in this Division.

Subdivision   719 - B -- MEC groups and their members

719 - 5   Debt interests that are not membership interests

    Section   703 - 30 of this Act has effect in relation to a MEC group in the same way in which it has effect in relation to a consolidated group.




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