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INCOME TAX ASSESSMENT ACT 1997 No. 38 of 1997 - SECT 170.1
Guide to Subdivision 170-A What this Subdivision is about
A company can transfer a surplus amount of its tax loss to another company so
that the other company can deduct the amount in the income year of the
transfer. Both companies must be members of the same wholly-owned group.
Table of sections
170-5 Basic principles for transferring tax losses
Effect of transferring a tax loss
170-10 When a company can transfer a tax loss
170-15 Income company is taken to have incurred transferred loss
170-20 Who can deduct transferred loss
170-25 Tax treatment of payment for transferred tax loss
Conditions for transfer
170-30 Companies must be in existence and members of the same
wholly-owned group
170-35 The loss company
170-40 The income company
170-45 Maximum amount that can be transferred
170-50 Transfer by written agreement
170-55 Losses must be transferred in order they are incurred
170-60 Income company cannot transfer transferred tax loss
Effect of agreement to transfer more than can be transferred
170-65 Agreement transfers as much as can be transferred
170-70 Amendment of assessments
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