New Business Tax System (Consolidation, Value Shifting, Demergers and Other Measures) Act 2002 (Cth)
This is a compilation of the
This compilation was prepared on 23 October 2014.
The notes at the end of this compilation
(the
The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in the endnotes.
If the operation of a provision or amendment is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
If a provision of the compiled law is affected by a modification that is in force, details are included in the endnotes.
If a provision of the compiled law has expired or otherwise ceased to have effect in accordance with a provision of the law, details are included in the endnotes.
Contents
This Act may be cited as the
New Business Tax System (Consolidation, Value Shifting, Demergers and Other Measures) Act 2002 .
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.
Sections 1 to 4 and anything in this Act not elsewhere covered by this table | The day on which this Act receives the Royal Assent | 24 October 2002 |
Schedules 1 to 12 | Immediately after the commencement of the | 24 October 2002 |
Schedule 13 | Immediately after the commencement of the | 29 June 2002 |
Schedules 14 and 15 | Immediately after the commencement of the | 24 October 2002 |
Schedule 16 | The day on which this Act receives the Royal Assent | 24 October 2002 |
Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table is for additional information that is not part of this Act. This information may be included in any published version of this Act.
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Repeal the item.
Add:
Note: As a consequence of fixing the trading stock’s value at the end of the income year under this subsection, no election would be available under section 70‑45 to value the trading stock at that time.
Note: The heading to subsection 701‑25(4) is altered by omitting “
cost ” and substituting “value ”.
After “ends”, insert “, or, if section 701‑30 applies, of the income year that is taken by subsection (3) of that section to end,”.
Note: The heading to subsection 701‑35(4) is altered by omitting “
cost ” and substituting “value ”.
Add:
Note: As a consequence of fixing the trading stock’s value at the end of the income year under this subsection, no election would be available under section 70‑45 to value the trading stock at that time.
After “above”, insert “is to apply in relation to the asset”.
Repeal the paragraph, substitute:
(a) the following income year (the
joining adjustment year ):
(i) if the combining entity is the *head company and the joining time occurs at the start of an income year—the income year before that income year; or
(ii) if the combining entity is the head company and subparagraph (i) does not apply—the income year in which the joining time occurs; or
(iii) in any other case—the income year that ends, or, if section 701‑30 applies, the income year that is taken by subsection (3) of that section to end, at the joining time; and
Omit “income year”, substitute “adjustment year”.
Omit “income year and”, substitute “adjustment year and”.
Omit “income year”, substitute “adjustment year”.
After “started”, insert “, or, if section 701‑30 applies, the income year that is taken by subsection (3) of that section to have started,”.
Repeal the paragraph, substitute:
(a) the following income year (the
leaving adjustment year ):
(i) if the separating entity is the *head company—the income year in which the leaving time occurs; or
(ii) in any other case—the income year that starts, or, if section 701‑30 applies, the income year that is taken by subsection (3) of that section to start, at the leaving time.
Omit “income year”, substitute “adjustment year”.
Repeal the paragraph, substitute:
(a) the entity *acquired, at or before 11.45 am, by legal time in the Australian Capital Territory, on 21 September 1999, a *depreciating asset to which Division 40 applies and held the asset continuously until the entity became a *subsidiary member of the group; and
After “*depreciating asset”, insert “to which Division 40 applies”.
Repeal the paragraph, substitute:
(a) the joining entity *acquired, at or before 11.45 am, by legal time in the Australian Capital Territory, on 21 September 1999, a *depreciating asset to which Division 40 applies and held the asset continuously until the joining time; and
Insert:
(aa) subsection (5) does not apply to the asset; and
After “franked dividends”, insert “or distributions included in the step 4 amount mentioned in step 4 in the table in section 705‑60”.
After “*depreciating asset”, insert “to which Division 40 applies”.
Omit “the *members of the joined group had, just before the joining time, *disposed of their *membership interests in the joining entity”, substitute “a *CGT event had happened just before the joining time in relation to the *membership interest”.
Omit “the membership interests” (twice occurring), substitute “the membership interest”.
Insert:
Reduction if section 165‑115ZD could apply
(3A) If, on the assumption that:
(a) the *members of the joined group had, just before the joining time, *disposed of their *membership interest in the joining entity; and
(b) the consideration received by the members for the disposal were equal to the *market value of the membership interest at that time;
the *reduced cost base of the membership interest would have been reduced as a result of the operation of section 165‑115ZD of this Act or the
Income Tax (Transitional Provisions) Act 1997 ,then the reduced cost base of the membership interest that is to be used in subsection (1) of this section is reduced by the amount of that reduction.
After “subsection (3)”, insert “or (3A)”.
After “*CGT event”, insert “or a *realisation event”.
Insert:
Reduction in reduced cost base under subsection 165‑115ZA(3) to be added back
(5A) If:
(a) in working out the *reduced cost base of the *membership interest for the purposes of subsection (1), a reduction has taken place under subsection 165‑115ZA(3) (about alterations in ownership or control of loss companies); and
(b) the reduction is to some extent attributable to so much of an amount that was taken into account both in working out the amount of the reduction and in working out:
(i) the step 5 amount under section 705‑100; or
(ii) the step 6 amount under section 705‑110;
the reduced cost base is, to the extent mentioned in paragraph (b), increased by:
(c) if subparagraph (b)(i) applies—the amount of that reduction; or
(d) if subparagraph (b)(ii) applies—the amount of that reduction multiplied by the *general company tax rate.
Repeal the note.
Insert:
Where liability valued differently for joined group
(1A) However, if, in accordance with those *accounting standards or statements, the amount of an accounting liability of the joining entity would be different when it became an accounting liability of the joined group, the different amount is treated as the amount of the liability.
Note: Liabilities that the joining entity owes to members of the joined group would not be excluded under subsection (1) or (1A) even though the standards or statements require that they be eliminated in consolidated accounts of a parent entity and its subsidiaries.
Omit “and (4)”, substitute “, (3) and (3A)”.
Note: The heading to subsection 705‑75(3) is altered by omitting “
and (4) ” and substituting “, (3) and (3A) ”.
Add:
Application of subsection 705‑65(4)
(4) Subsection 705‑65(4) applies in relation to assets mentioned in subsection (2) of this section in a corresponding way to that in which it applies in relation to members’ *membership interests.
Reduction in reduced cost base under subsection 165‑115ZA(3) to be added back
(5) If:
(a) in working out the *reduced cost base of a *member’s asset for the purposes of subsection (2), a reduction has taken place under subsection 165‑115ZA(3) (about alterations in ownership or control of loss companies); and
(b) the reduction is to some extent attributable to so much of an amount that was taken into account both in working out the amount of the reduction and in working out:
(i) the step 5 amount under section 705‑100; or
(ii) the step 6 amount under section 705‑110;
the reduced cost base is, to the extent mentioned in paragraph (b), increased by:
(c) if subparagraph (b)(i) applies—the amount of that reduction; or
(d) if subparagraph (b)(ii) applies—the amount of that reduction multiplied by the *general company tax rate.
Repeal the section, substitute:
(1) For the purposes of step 3 in the table in section 705‑60, the step 3 amount is worked out in accordance with this section.
Undistributed profits
(2) First work out the undistributed profits of the joining entity at the joining time. These are the amounts that, in accordance with *accounting standards, or statements of accounting concepts made by the Australian Accounting Standards Board, are retained profits of the joining entity that could be recognised in the joining entity’s statement of financial position if that statement were prepared as at the joining time.
Extent to which dividends paid out of undistributed profits would be frankable
(3) Then work out the extent to which the undistributed profits, if they had been distributed as dividends at the joining time, could have been franked in accordance with section 160AQF of the
Income Tax Assessment Act 1936 on the assumptions in subsection (4) of this section.
Assumptions for purposes of subsection (3)
(4) The assumptions are that the joining entity’s franking account balance at the end of the income year that ends, or, if section 701‑30 applies, of the income year that is taken by subsection (3) of that section to end, at the joining time had been adjusted to take account of franking credits or franking debits that would arise if the following were paid just before the joining time:
(a) the income tax, or *refund of income tax, on the joining entity’s taxable income for that income year; and
(b) any income tax, or refund of income tax, that has not yet been paid (regardless of whether it has become payable or due for payment) on the joining entity’s taxable income for any earlier income year, other than one excluded by subsection (5).
Exclusion of certain income years where previous membership of a consolidated group
(5) If the joining entity was previously a *subsidiary member of a *consolidated group, any income year earlier than the one that started, or, if section 701‑30 applies, the one that is taken by subsection (3) of that section to have started, when the joining entity ceased to be a subsidiary member of that group is excluded for the purposes of paragraph (4)(b) of this section.
Undistributed profits must have accrued to joined group and not recouped losses
(6) Next:
(a) work out the extent to which the undistributed profits that, if they had been distributed as dividends at the joining time, could have been so franked accrued to the joined group before the joining time (subsection (7) states what it means for a profit to accrue to the joined group before the joining time); and
(b) then exclude those that recouped losses of any *sort that accrued to the joined group before the joining time (subsection (8) states what it means for a loss to accrue to the joined group before the joining time).
The result is the step 3 amount.
Profit accruing to the joined group before the joining time
(7) A profit accrued to the joined group before the joining time if, on the following assumptions:
(a) that it was distributed to holders of *membership interests as it accrued; and
(b) that entities interposed between the *head company and the joining entity successively distributed any of it immediately after receiving it;
it would have been received by the entity that is the head company at the joining time, in respect of membership interests that it held continuously until that time either directly or indirectly through interposed entities.
Loss accruing to the joined group before the joining time
(8) A loss accrued to the joined group before the joining time if and to the extent that, assuming that as it arose it were instead a profit that was accruing, a distribution of that profit would have been a distribution made to the joined group out of profits that accrued to the joined group before the joining time.
Use of reliable estimates
(9) In working out:
(a) for the purposes of subsection (4), the amount of income tax, or *refund of income tax, on the joining entity’s taxable income for a particular income year and the extent to which it has not yet been paid; or
(b) for the purposes of subsection (7), the amount of a profit that accrued to the joined group during a particular period; or
(c) for the purposes of subsection (8), the amount of a loss that accrued to the joined group during a particular period;
use the most reliable basis for estimation that is available.
Omit “705‑90(5)”, substitute “705‑90(7)”.
Omit “705‑90(4)”, substitute “705‑90(8)”.
Omit “705‑90(4)”, substitute “705‑90(8)”.
Repeal the subsection, substitute:
(2) However, a loss is not to be taken into account under subsection (1) to the extent that it reduced the undistributed profits comprising the step 3 amount in the table in section 705‑60.
Omit “705‑90(4)”, substitute “705‑90(8)”.
34
Subsection 705‑115(1) (paragraph (b) of the definition of owned deductions ) Omit “was earned”, substitute “accrued”.
35
Subsection 705‑115(1) (paragraph (b) of the definition of owned deductions ) Omit “705‑90(5)”, substitute “705‑90(7)”.
Repeal the paragraph, substitute:
(c) to the extent that the expenditure reduced the undistributed profits comprising the step 3 amount in the table in section 705‑60.
Repeal the heading.
Repeal the section.
Repeal the items, substitute:
Omit “step 5”, substitute “step 4”.
Omit “ltax rate”, substitute “tax rate”.
Omit “joined group”, substitute “old group”.
Repeal the section.
Repeal the section.
Repeal the link note.
Insert:
When a consolidated group comes into existence, the tax cost setting amount for the assets of each entity that becomes a subsidiary member is worked out by modifying the rules in Subdivision 705‑A, so that the amount reflects the cost to the group of acquiring the entity.
Application and object 705‑135 Application and object of this Subdivision
Modified application of Subdivision 705‑A 705‑140 Subdivision 705‑A has effect with modifications
705‑145 Order in which tax cost setting amounts are to be worked out where subsidiary members have membership interests in other subsidiary members
705‑150 Adjustment to result of step 3 in working out allocable cost amount where pre‑formation time roll‑over from head company to member of wholly‑owned group
705‑155 Adjustment in working out step 4 of allocable cost amount for successive distributions through interposed entities
705‑160 Adjustment to allocation of allocable cost amount to take account of owned losses of certain entities that become subsidiary members
705‑165 Working out pre‑CGT factors where subsidiary members have membership interests in other subsidiary members
[This is the end of the Guide.]
Application
(1) This Subdivision has effect for the head company core purposes set out in subsection 701‑1(2) if one or more entities become *subsidiary members of a *consolidated group at the time (the
formation time ) it comes into existence as a consolidated group.Note: This is the first exception to Subdivision 705‑A: see paragraph 705‑15(a).
Object
(2) The object of this Subdivision is to modify the rules in Subdivision 705‑A (which basically determine the tax cost setting amount for assets of an entity joining an existing *consolidated group) so that they have effect, and take account of different circumstances that apply, when a consolidated group comes into existence.
Note: The main circumstance is where one of the entities has membership interests in another. In such a case, the order in which the rules in Subdivision 705‑A are applied will affect the tax cost setting amounts for the assets of the entities.
(1) Subdivision 705‑A has effect in relation to each entity becoming a *subsidiary member of the *consolidated group at the formation time in the same way as that Subdivision has effect in relation to an entity becoming a subsidiary member of a consolidated group in circumstances covered by that Subdivision.
(2) However, that effect of Subdivision 705‑A is subject to modifications set out in this Subdivision.
Object
(1) The object of this section is to ensure that where, on becoming *subsidiary members, entities hold assets consisting of *membership interests in other subsidiary members, the *head company’s cost of becoming the holder of the assets of all of the entities that become subsidiary members correctly reflects the group’s cost of acquiring the entities.
Tax cost setting amounts to be worked out from top down
(2) If, on becoming *subsidiary members, entities hold *membership interests in any other entities that become subsidiary members, the *tax cost setting amounts for the assets of entities holding membership interests must be worked out before the tax cost setting amounts for the assets of the entities in which the membership interests are held.
Note: The tax cost setting amount in respect of assets of any subsidiary member in which the head company, but no other subsidiary member, holds membership interests can be worked out in any order in relation to the calculations for other subsidiary members.
Tax cost setting amount for higher entity’s membership interests to be used in working out lower entity’s tax cost setting amount
(3) The tax cost setting amount worked out for assets of an entity mentioned in subsection (2) consisting of *membership interests in another such entity is to be used as the amount for those interests under subsection 705‑65(1) (step 1 of allocable cost amount) in working out the tax cost setting amount for assets of that other entity.
Note 1: Subsection 705‑65(1) adds together amounts worked out in accordance with section 705‑65 representing the cost of the membership interests that each member of the group holds in the entity. If any of those membership interests is held by another subsidiary member, subsection (3) above will replace the amount otherwise applicable with the tax cost setting amount that will have been worked out for the interests in accordance with subsection (2) above.
Note 2: The tax cost setting amount worked out for the membership interests has no relevance other than for the purpose mentioned in subsection (3). This is because, under the single entity principle, intra group membership interests are ignored while entities are members of the group. If an entity ceases to be a member, section 701‑15 and Division 711 set the tax cost of membership interests in the entity at that time.
Value shifting etc. provisions not to apply to later CGT events involving membership interests
(4) However, despite subsection (3), subsection 705‑65(4) (which prevents the later operation of value shifting etc. provisions) still applies to the *membership interests.
Rights and options to acquire membership interests
(5) For the purposes of this section, if, on becoming a *subsidiary member, an entity holds a right or option (including a contingent right or option), created or issued by another entity that becomes a subsidiary member at the same time, to acquire a *membership interest in that other entity, that right or option is treated as if it were a membership interest in that other entity.
Object
(1) The object of this section is to ensure that, in working out the group’s *allocable cost amount for certain entities that become *subsidiary members of the group at the formation time, an adjustment is made to take account of roll‑overs under Subdivision 126‑B or section 160ZZO of the
Income Tax Assessment Act 1936 before the formation time.
When section applies
(2) This section applies if:
(a) before the formation time, there was a roll‑over under Subdivision 126‑B or section 160ZZO of the
Income Tax Assessment Act 1936 in relation to a *CGT event (thehead company roll‑over event ) that happened in relation to an asset (thehead company roll‑over asset ), where:
(i) an entity (the
head company roll‑over recipient ) that becomes a *subsidiary member of the group was the recipient company in relation to the roll‑over; and(ii) the originating company in relation to that roll‑over was the entity that becomes the *head company of the group; and
(b) between the roll‑over and the formation time, no other CGT event happened in relation to the head company roll‑over asset:
(i) for which there was another roll‑over satisfying the requirements of paragraph (a); or
(ii) for which there was not a roll‑over under Subdivision 126‑B or section 160ZZO of the
Income Tax Assessment Act 1936 ; and(c) the head company roll‑over asset is not a *pre‑CGT asset at the formation time; and
(d) the sum of the *cost bases of all of the *head company’s *CGT assets just before the head company roll‑over event exceeded or was less than the sum of the cost bases of all of the head company’s CGT assets just after the head company roll‑over event (the excess or shortfall being the
head company roll‑over adjustment amount ).
Adjustment to result of step 3 in allocable cost amount for head company roll‑over recipient
(3) For the purpose of working out the group’s *allocable cost amount for the head company roll‑over recipient, the result of step 3 in the table in section 705‑60 is reduced (if the head company roll‑over adjustment amount is an excess), or increased (if the head company roll‑over adjustment amount is a shortfall), by the amount worked out as follows:
where:
market value of all membership interests in head company roll‑over recipient means the *market value, at the formation time, of all *membership interests in the head company roll‑over recipient that are held by entities that become *members of the group at that time.
Adjustment to result of step 3 in allocable cost amount for interposed entity
(4) Also, if this section applies, for the purpose of working out the group’s *allocable cost amount for any entity (the
target entit y ) that:
(a) becomes a *subsidiary member of the group at the formation time; and
(b) is interposed at that time between the *head company and the head company roll‑over recipient; and
(c) is the first or only such interposed entity;
the result of step 3 in the table in section 705‑60 is reduced (if the head company roll‑over adjustment amount is an excess), or increased (if the head company roll‑over adjustment amount is a shortfall), by the amount worked out as follows:
where:
market value of all membership interests in head company roll‑over recipient has the same meaning as in subsection (3).
market value of head company’s indirect membership interests in head company roll‑over recipient means so much of the *market value, at the formation time, of the *head company’s *membership interests in the target entity as is attributable to membership interests that the entity holds directly, or indirectly through other interposed entities that become *subsidiary members of the group at the formation time, in the head company roll‑over recipient.Note: If under subsection (3) or (4) the amount by which the result of step 3 is to be reduced exceeds that result, the excess is treated as a capital gain of the head company.
Object
(1) The object of this section is to ensure that, in working out the group’s *allocable cost amount for entities that become *subsidiary members of the group at the formation time, there is only one reduction under step 4 in the table in section 705‑60 (about pre‑formation time distributions out of certain profits) for distributions of the same profits.
When section applies
(2) This section applies if, apart from this section:
(a) in working out the group’s *allocable cost amount for an entity that becomes a *subsidiary member of the group at the formation time, there would be a reduction under step 4 in the table in section 705‑60 for a distribution (the
first distribution ) made by the entity; and(b) in working out the group’s *allocable cost amount for a second entity that becomes a *subsidiary member of the group at that time, there would also be a reduction under that step for any of the first distribution that the second entity successively distributed as mentioned in paragraph 705‑95(a).
No step 4 reduction in respect of successive distribution of amount for which there has already been a step 4 reduction
(3) If this section applies, there is no reduction as mentioned in paragraph (2)(b).
Object
(1) The object of this section is to prevent a distortion under section 705‑35 in the allocation of *allocable cost amount to an entity that becomes a *subsidiary member of the group where that entity has *membership interests in another entity that has certain tax losses when it becomes a subsidiary member.
Adjustment to allocation of allocable cost amount
(2) If:
(a) an entity becomes a *subsidiary member of the group at the formation time; and
(b) the entity has *membership interests in a second entity that becomes a subsidiary member of the group at that time; and
(c) in working out the group’s *allocable cost amount for the second entity an amount is required to be subtracted (the
loss subtraction amount ) under step 5 in the table in section 705‑60 (about losses accruing before becoming a subsidiary member of the group);then, for the purposes of working out under section 705‑35 the *tax cost setting amount for the assets of the first entity, the *market value of the first entity’s membership interests in the second entity is increased by the first entity’s interest in the loss subtraction amount (see subsection (3)).
First entity’s interest in loss subtraction amount
(3) The first entity’s interest in the loss subtraction amount is worked out using the formula:
Object
(1) The object of this section is to ensure that where, on becoming *subsidiary members, entities hold *membership interests in other subsidiary members, the pre‑CGT status of membership interests held by the *head company, and not the pre‑CGT status of membership interests held by other entities, is used to work out the *pre‑CGT factor under section 705‑125 for assets of the other subsidiary members.
Pre‑CGT factor to be worked out from top down
(2) If, on becoming *subsidiary members, entities hold *membership interests in any other entities that become subsidiary members, the *pre‑CGT factor for the assets of entities holding membership interests must be worked out before the pre‑CGT factor for the assets of the entities in which the membership interests are held.
[The next Division is Division 707.]
Repeal the section, substitute:
(1) The *tax cost setting amount for a reset cost base asset that is *trading stock, a *depreciating asset or a *revenue asset must not exceed the greater of:
(a) the asset’s *market value; and
(b) the joining entity’s *terminating value for the asset.
(2) If subsection (1)
reduces the asset’s *tax cost setting amount, the amount of the reduction is allocated among the other reset cost base assets (including other *trading stock, *depreciating assets and *revenue assets) other than excluded assets, so as toincrease their tax cost setting amounts, in accordance with the principles set out in subsection (3).Note: If any of the amount of the reduction cannot be allocated, it is instead treated as a capital loss of the head company.
(3) These are the principles:
(a) the allocation is to be in proportion to the *market values of the assets;
(b) the amount allocated to an item of *trading stock, to a *depreciating asset or to a *revenue asset must not cause its *tax cost setting amount to contravene subsection (1);
(c) any of the amount that cannot be allocated is to be reallocated, to the maximum extent possible, among the remaining reset cost base assets (other than excluded assets) by applying this subsection a further one or more times.
Omit “item 6 of the table in section 160‑115”, substitute “item 5 of the table in section 205‑15”.
Omit “section 160‑115”, substitute “section 205‑15”.
Omit “section 160‑130”, substitute “section 205‑30”.
Repeal the link note, substitute:
[The next Division is Division 717.]
Insert:
717‑A Foreign tax credits
717‑D Attributable income: entry rules
717‑E Attributable income: exit rules
If an entity becomes a subsidiary member of a consolidated group, its excess foreign tax credits are transferred to the head company of the group, for use in later income years. The head company receives any foreign tax credits that arise because the entity pays foreign tax while it is a subsidiary member of the group.
Objects 717‑5 Objects of this Subdivision
Foreign tax on amounts in head company’s assessable income 717‑10 Head company taken to be liable for subsidiary member’s foreign tax
Foreign tax on amounts not in head company’s assessable income 717‑15 Transferring subsidiary member’s excess foreign tax credits from earlier years to head company
717‑20 Where entity not subsidiary member for whole of income year
[This is the end of the Guide.]
(1) The main objects of this Subdivision are set out in subsections (2), (3) and (4).
(2) The first of those objects is to allow the *head company of a *consolidated group to get the benefit of foreign tax paid in respect of foreign income (within the meaning of the
Income Tax Assessment Act 1936 ) included in the head company’s assessable income because another entity is or was a *subsidiary member of the group.(3) The second of those objects is to allow the *head company of a *consolidated group to apply, in relation to an income year, *excess foreign tax credits of an entity (the
joining entity ) that becomes a *subsidiary member of the group at a time (thejoining time ) if:
(a) the income year starts after the joining time; and
(b) those excess foreign tax credits are from an income year ending before the joining time.
(4) The third of those objects is to prevent an entity (other than the *head company of the group) from applying *excess foreign tax credits mentioned in paragraph (3)(b) to increase its own credits in respect of foreign tax.
(1) This section operates if:
(a) an entity was a *subsidiary member of a *consolidated group for all or part of an income year; and
(b) the assessable income of the *head company of the group for that income year included foreign income (within the meaning of the
Income Tax Assessment Act 1936 ); and(c) the entity paid, and was personally liable for, foreign tax (within the meaning of that Act) in respect of that foreign income (whether or not the entity was a subsidiary member of the group at the time of payment).
(2) Section 160AF of the
Income Tax Assessment Act 1936 operates as if:
(a) the *head company had paid and been personally liable for the foreign tax; and
(b) the entity had not paid and had not been personally liable for the foreign tax.
Note: Section 160AF of the
Income Tax Assessment Act 1936 provides a foreign tax credit (which is a tax offset) of an amount that depends on:(a) foreign tax that an entity paid, and was personally liable for, in respect of foreign income included in the entity’s assessable income; and
(b) the amount of Australian tax payable (worked out as described in that section) in respect of the foreign income.
(3) This section does not limit the operation of section 160AF of the
Income Tax Assessment Act 1936 .
(1) This section operates for the purposes of section 160AFE of the
Income Tax Assessment Act 1936 in relation to an income year if:
(a) an entity (the
joining entity ) becomes a *subsidiary member of a *consolidated group at a time (thejoining time ); and(b) the joining time is:
(i) before the start of that income year; and
(ii) after the start of an earlier income year (the
earlier year ); and(c) the joining entity has *excess foreign tax credits (the
transfer credits ) from the earlier year.(2) For those purposes:
(a) the *head company of the group is taken to have the transfer credits; and
(b) the joining entity is taken
not to have the transfer credits; and(c) if, apart from paragraph (a), the head company has *excess foreign tax credits from the earlier year—the transfer credits are taken to be included in those excess foreign tax credits.
(3) Subsection (2) also has effect for the purposes of a subsequent operation of this section.
Example: An entity becomes a subsidiary member of a consolidated group in an income year. This section operates in relation to a later income year so that the entity no longer has the transfer credits mentioned in paragraph (1)(c) (see paragraph (2)(b)). The entity later leaves the group and becomes a subsidiary member of a second consolidated group. In a subsequent operation of this section in relation to the head company of the second group, the entity will not have those transfer credits, because of the previous operation of paragraph (2)(b).
(4) This section operates separately in relation to each class of foreign income (within the meaning of the
Income Tax Assessment Act 1936 ) identified in subsection 160AF(7) of that Act, as if:
(a) the *head company’s foreign income of that class for an income year were the whole of the head company’s foreign income for that year; and
(b) the joining entity’s foreign income of that class for an income year were the whole of the joining entity’s foreign income for that year.
(1) This section operates if:
(a) an entity (the
joining entity ) is a *subsidiary member of a *consolidated group for some but not all of an income year (thejoining year ); and(b) there are one or more periods in the joining year (each of which is a
non‑membership period ) during which the entity is not a subsidiary member of any *consolidated group.Note: Section 701‑30 treats each non‑membership period as a separate income year for some purposes.
(2) Subsection (3) has effect for the purposes of section 701‑30 in relation to the joining entity.
(3) In working out amounts for the joining entity under subsection 701‑30(3) in relation to each non‑membership period, make these assumptions:
(a) if the joining year starts at the same time as the earliest of those non‑membership periods:
(i) subsection 160AFE(2) of the
Income Tax Assessment Act 1936 operates in relation to the joining entity for that non‑membership period; and(ii) subsection 160AFE(2) of that Act does
not operate in relation to the joining entity for the later non‑membership periods (if any);(b) otherwise—subsection 160AFE(2) of that Act does
not operate in relation to the joining entity for any of the non‑membership periods.(4) Subsection (5) has effect for the purposes of section 717‑15 in relation to the *head company of the *consolidated group for a later income year.
(5) In working out the amount (if any) of the joining entity’s transfer credits (within the meaning of paragraph 717‑15(1)(c)) from the joining year, do not include the amount of the joining entity’s *excess foreign tax credits from a non‑membership period (if any) that ends at the same time the joining year ends.
[The next Subdivision is Subdivision 717‑D.]
Each attribution surplus, attributed tax account surplus, FIF attribution surplus and FIF attributed tax account surplus relating to a company that becomes a subsidiary member of a consolidated group is transferred to the head company of the group.
Object 717‑205 Object of this Subdivision
Transfers 717‑210 Attribution surpluses
717‑215 Attributed tax account surpluses
717‑220 FIF attribution surpluses
717‑225 FIF attributed tax account surpluses
717‑230 Calculating FIF income where a company joins the group
[This is the end of the Guide.]
The main object of this Subdivision is to avoid double taxation by transferring from a company (the
joining company ) that becomes a *subsidiary member of a *consolidated group at a time (thejoining time ) to the *head company of the group the benefit of each of these:
(a) the attribution surplus (if any) for an attribution account entity (within the meaning of Part X of the
Income Tax Assessment Act 1936 ) in relation to the joining company just before the joining time;(b) the attributed tax account surplus (if any) for an attribution account entity (within the meaning of Part X of the
Income Tax Assessment Act 1936 ) in relation to the joining company just before the joining time;(c) the FIF attribution surplus (if any) for a FIF attribution account entity (within the meaning of Part XI of the
Income Tax Assessment Act 1936 ) in relation to the joining company just before the joining time;(d) the FIF attributed tax account surplus (if any) for a *FIF (within the meaning of Part XI of the
Income Tax Assessment Act 1936 ) in relation to the joining company just before the joining time.
(1) This section operates for the purposes of Part X of the
Income Tax Assessment Act 1936 if:
(a) a company (the
joining company ) becomes a *subsidiary member of a *consolidated group at a time (thejoining time ); and(b) just before the joining time there was an attribution surplus for an attribution account entity in relation to the joining company for the purposes of that Part; and
(c) just before the joining time the joining company’s attribution account percentage in relation to the attribution account entity for the purposes of that Part was more than nil.
Credit in relation to the head company
(2) An attribution credit arises at the joining time for the attribution account entity in relation to the *head company of the group. The credit is equal to the attribution surplus.
Debit in relation to the joining company
(3) An attribution debit arises at the joining time for the attribution account entity in relation to the joining company. The debit is equal to the attribution surplus.
Section 717‑210 also operates as described in the table:
1 | Attributed tax account surplus | Attribution surplus |
2 | Attributed tax account credit | Attribution credit |
3 | Attributed tax account debit | Attribution debit |
Section 717‑210 also operates for the purposes of Part XI of the
Income Tax Assessment Act 1936 as described in the table:
1 | FIF attribution surplus | Attribution surplus |
2 | FIF attribution account entity | Attribution account entity |
3 | FIF attribution account percentage | Attribution account percentage |
4 | FIF attribution credit | Attribution credit |
5 | FIF attribution debit | Attribution debit |
Note: Section 717‑230 may affect the calculation of the FIF attribution surplus for the FIF attribution account entity in relation to the joining company just before the joining time.
Section 717‑210 also operates for the purposes of Part XI of the
Income Tax Assessment Act 1936 as described in the table:
1 | FIF attributed tax account surplus | Attribution surplus |
2 | *FIF | Attribution account entity |
3 | FIF attribution account percentage | Attribution account percentage |
4 | FIF attributed tax account credit | Attribution credit |
5 | FIF attributed tax account debit | Attribution debit |
Note: Section 717‑230 may affect the calculation of the FIF attributed tax account surplus for the FIF in relation to the joining company just before the joining time.
(1) This section modifies the operation of Part XI of the
Income Tax Assessment Act 1936 if:
(a) a company (the
joining company ) becomes a *subsidiary member of a *consolidated group at a time (thejoining time ); and(b) for the purposes of that Part, the FIF attribution account percentage of the joining company in relation to a FIF attribution account entity that is a *FIF is more than nil at the time (the
surplus time ) just before the joining time.(2) That Part operates in relation to the joining company as if a notional accounting period of the *FIF in relation to the joining company ended at the time (the
credit/debit time ) just before the surplus time.(3) That Part operates in relation to the joining company as if subsection 485(3) of that Act provided that the operative provision applied to the joining company in relation to the *FIF in respect of the notional accounting period of that FIF that ended in the year of income that included the credit/debit time.
(4) Paragraph 538(2)(d) of that Act operates in relation to the *head company of the *consolidated group in relation to the *FIF in respect of the notional accounting period of that FIF that included the joining time as if:
(a) the head company had acquired the interest or interests mentioned in that paragraph during that period (so far as those interests are held by the head company because the joining company became a *subsidiary member of the group); and
(b) the amount or value of the consideration paid or given by the head company in respect of the acquisition was equal to the amount worked out under paragraph 538(2)(a) of that Act in relation to the joining company in relation to the FIF in respect of the notional accounting period mentioned in subsection (2) of this section.
Note: The modifications made by this section:
(a) apply if a company joins a consolidated group during a notional accounting period of a FIF in which the company has an interest; and
(b) allow the appropriate calculation of amounts attributed under FIF rules to the head company and joining company before and after the joining time; and
(c) mean that foreign investment fund income that accrued to the joining company from the FIF will be included in the joining company’s assessable income and will give rise to a FIF attribution credit, and may also give rise to a FIF attribution debit, in relation to the joining company; and
(d) mean that the FIF attribution surplus and the FIF attributed tax account surplus for the FIF attribution account entity in relation to the joining company at the surplus time will take account of credits and debits arising at the credit/debit time and earlier.
Each attribution surplus, attributed tax account surplus, FIF attribution surplus and FIF attributed tax account surplus relating to a company that ceases to be a subsidiary member of a consolidated group is transferred to that company from the head company of the group.
Object 717‑240 Object of this Subdivision
Transfer of Part X surpluses 717‑245 Attribution surpluses
717‑250 Attributed tax account surpluses
Transfer of Part XI surpluses 717‑255 FIF attribution surpluses
717‑260 FIF attributed tax account surpluses
717‑265 Calculating FIF income where a company leaves the group
[This is the end of the Guide.]
The main object of this Subdivision is to avoid double taxation by transferring from the *head company of a *consolidated group to a company (the
leaving company ) that ceases to be a *subsidiary member of the group at a time (theleaving time ) the benefit of each of these surpluses (to the extent that each surplus can be attributed to the leaving company):
(a) the attribution surplus (if any) for an attribution account entity (within the meaning of Part X of the
Income Tax Assessment Act 1936 ) in relation to the head company just before the leaving time;(b) the attributed tax account surplus (if any) for an attribution account entity (within the meaning of Part X of the
Income Tax Assessment Act 1936 ) in relation to the head company just before the leaving time;(c) the FIF attribution surplus (if any) for a FIF attribution account entity (within the meaning of Part XI of the
Income Tax Assessment Act 1936 ) in relation to the head company just before the leaving time;(d) the FIF attributed tax account surplus (if any) for a *FIF (within the meaning of Part XI of the
Income Tax Assessment Act 1936 ) in relation to the head company just before the leaving time.
(1) This section operates for the purposes of Part X of the
Income Tax Assessment Act 1936 if:
(a) a company (the
leaving company ) ceases to be a *subsidiary member of a *consolidated group at a time (theleaving time ); and(b) just before the leaving time there was, for the purposes of that Part, an attribution surplus for an attribution account entity in relation to the *head company of the group; and
(c) at the leaving time the leaving company’s attribution account percentage in relation to the attribution account entity for the purposes of that Part is more than nil.
Credit in relation to leaving company
(2) An attribution credit arises at the leaving time for the attribution account entity in relation to the leaving company. The credit is the amount worked out under subsection (4).
Debit in relation to head company
(3) An attribution debit arises at the leaving time for the attribution account entity in relation to the company that was the *head company of the group just before the leaving time. The debit is the amount worked out under subsection (4).
Amount of credit and debit
(4) The amount of the credit and debit is worked out using the formula:
Section 717‑245 also operates as described in the table:
1 | Attributed tax account surplus | Attribution surplus |
2 | Attributed tax account credit | Attribution credit |
3 | Attributed tax account debit | Attribution debit |
Section 717‑245 also operates for the purposes of Part XI of the
Income Tax Assessment Act 1936 as described in the table:
1 | FIF attribution surplus | Attribution surplus |
2 | FIF attribution account entity | Attribution account entity |
3 | FIF attribution account percentage | Attribution account percentage |
4 | FIF attribution credit | Attribution credit |
5 | FIF attribution debit | Attribution debit |
Note: Section 717‑265 may affect the calculation of the FIF attribution surplus for the FIF attribution account entity in relation to the head company just before the leaving time.
Section 717‑245 also operates for the purposes of Part XI of the
Income Tax Assessment Act 1936 as described in the table:
1 | FIF attributed tax account surplus | Attribution surplus |
2 | *FIF | Attribution account entity |
3 | FIF attribution account percentage | Attribution account percentage |
4 | FIF attributed tax account credit | Attribution credit |
5 | FIF attributed tax account debit | Attribution debit |
Note: Section 717‑265 may affect the calculation of the FIF attributed tax account surplus for the FIF in relation to the head company just before the leaving time.
(1) This section modifies the operation of Part XI of the
Income Tax Assessment Act 1936 in relation to a company (thetransferor company ) if:
(a) the transferor company is the *head company of a *consolidated group at a time (the
surplus time ); and(b) for the purposes of that Part, the FIF attribution account percentage of the transferor company in relation to a FIF attribution account entity that is a *FIF is more than nil at the surplus time; and
(c) another company (the
leaving company ) ceases to be a *subsidiary member of the group at the time (theleaving time ) just after the surplus time; and(d) for the purposes of that Part, the leaving company’s FIF attribution account percentage in relation to that FIF attribution account entity is more than nil at the leaving time.
(2) That Part operates in relation to the transferor company as if a notional accounting period of the *FIF in relation to the transferor company ended at the time (the
credit/debit time ) just before the surplus time.(3) That Part operates in relation to the transferor company as if the next notional accounting period of the *FIF in relation to the transferor company started at the surplus time and continued until whichever of these times occurs first:
(a) the time when a notional accounting period of the FIF in relation to the transferor company would have ended apart from this section;
(b) the time when the period ends because of another application of this section.
(4) That Part operates in relation to the transferor company as if subsection 485(3) of that Act provided that the operative provision applied to the transferor company in relation to the *FIF in respect of the notional accounting period of that FIF that ended in the year of income that included the credit/debit time.
(5) Paragraph 538(2)(d) of that Act operates in relation to the leaving company in relation to the *FIF in respect of the notional accounting period of that FIF that included the leaving time as if:
(a) the leaving company had acquired the interest or interests mentioned in that paragraph during that period (so far as those interests are held by the leaving company because it ceased to be a *subsidiary member of the group); and
(b) the amount or value of the consideration paid or given by the leaving company in respect of the acquisition was equal to the amount worked out under paragraph 538(2)(a) of that Act in relation to the transferor company in relation to the FIF in respect of the notional accounting period mentioned in subsection (2) of this section.
Note: The modifications made by this section:
(a) apply if a company leaves a consolidated group during a notional accounting period of a FIF in which the company has an interest; and
(b) allow the appropriate calculation of amounts attributed under FIF rules to the transferor company and leaving company before and after the leaving time; and
(c) mean that foreign investment fund income that accrued to the transferor company from the FIF will be included in the transferor company’s assessable income and will give rise to a FIF attribution credit, and may also give rise to a FIF attribution debit, in relation to the transferor company; and
(d) mean that the FIF attribution surplus and the FIF attributed tax account surplus for the FIF attribution account entity in relation to the transferor company at the surplus time will take account of credits and debits arising at the credit/debit time and earlier.
[The next Division is Division 719.]
Repeal the section, substitute:
Part 3‑90 of the
Income Tax Assessment Act 1997 , as inserted by theNew Business Tax System (Consolidation) Bill (No. 1) 2002 and amended by theNew Business Tax System (Consolidation, Value Shifting, Demergers and Other Measures) Act 2002 , applies on and after 1 July 2002.
Insert:
701‑A Preliminary
701‑B Modified application of provisions
701‑1 Transitional group and transitional entity
701‑5 Chosen transitional entity
701‑10 Interpretation
Group formed on 1 July 2002
(1) If a consolidated group came into existence on 1 July 2002:
(a) the group is a
transitional group ; and(b) each entity that became a subsidiary member of the group on the day it came into existence is a
transitional entity .
Group formed after 1 July 2002 but before 1 July 2003
(2) If a consolidated group came into existence after 1 July 2002 but before 1 July 2003:
(a) the group is a
transitional group if at least one entity that became a subsidiary member of the group on the day the group came into existence is atransitional entity ; and(b) an entity is a transitional entity if:
(i) at no time after 1 July 2002 and before the group came into existence was the entity a wholly‑owned subsidiary of the entity (the
future head company ) that became the head company of the group; or(ii) at some time during that period, the entity was a wholly‑owned subsidiary of the future head company and it remained such from the earliest time after 1 July 2002 when it was a wholly‑owned subsidiary of the future head company until the group came into existence.
Group formed during financial year starting on 1 July 2003
(3) If a consolidated group came into existence during the financial year starting on 1 July 2003:
(a) the group is a
transitional group if at least one entity that became a subsidiary member of the group on the day the group came into existence is a transitional entity; and(b) an entity is a
transitional entity if:
(i) just before 1 July 2003, it was a wholly‑owned subsidiary of the future head company; and
(ii) it remained such from the earliest time after 1 July 2002 when it was a wholly‑owned subsidiary of the future head company until the group came into existence.
(1) If a group is a transitional group, its head company may choose that the group’s transitional entity is a
chosen transitional entity , or one or more of the group’s transitional entities arechosen transitional entities .
Period for making choice
(2) The choice must be made by the end of the period described in subsection 703‑50(3) for giving the Commissioner the choice under section 703‑50 that the group is taken to be consolidated.
Choice is irrevocable
(3) The choice cannot be revoked.
A reference in this Division to:
(a) a provision of the
Income Tax Assessment Act 1997 ; or(b) a consolidated group’s allocable cost amount for an entity;
is a reference to that provision as it applies to the group, or to the allocable cost amount as it is worked out for the entity, in accordance with Subdivision 705‑B of that Act and with this Division.
701‑15 Tax cost and trading stock value not set for assets of chosen transitional entities
701‑20 Working out allocable cost amount on formation for subsidiary members other than chosen transitional entities
701‑25 No operation of value shifting and loss transfer provisions to membership interests in chosen transitional entities
701‑30 Undistributed, unfrankable pre‑formation profits of non‑chosen transitional entities—adjustment to allocable cost amount and tax cost setting amount reduction for over‑depreciated assets
701‑35 CGT event for pre‑formation roll‑over after 16 May 2002 to be disregarded if cost base etc. would be different
701‑40 When entity leaves transitional group, head company may choose, for purposes of transitional group’s allocable cost amount, to increase terminating values of over‑depreciated assets
701‑45 When entity leaves transitional group, head company may choose, for purposes of transitional group’s allocable cost amount, to use formation time market values, instead of terminating values, for certain pre‑CGT assets
Section 701‑10 (cost to head company of assets that entity brings into group) and subsection 701‑35(4) (setting value of trading stock at tax‑neutral amount) do not apply to the assets of a chosen transitional entity.
Note: The fact that the head company inherits the entity’s history under section 701‑5 when the entity becomes a subsidiary member of the group means that the entity’s assets would be treated as having the same cost as they would for the entity at that time.
When section applies
(1) This section applies if any of the transitional entities in the transitional group is a chosen transitional entity.
Allocable cost amount to be worked out in special way
(2) If this section applies, the group’s allocable cost amount for each of the entities, other than a chosen transitional entity, that become subsidiary members when the group comes into existence (each of which is a
non‑chosen subsidiary ) is worked out in a special way.
How to work out allocable cost amount
(3) The allocable cost amount for each non‑chosen subsidiary is the sum of:
(a) the head company adjusted allocable amount for the non‑chosen subsidiary (see subsection (4)); and
(b) for each sub‑group (see subsection (6)) that exists in relation to the non‑chosen subsidiary—the sub‑group’s notional allocable cost amount (see subsection(5)) for the non‑chosen subsidiary.
Head company adjusted allocable amount
(4) The
head company adjusted allocable amount for the non‑chosen subsidiary is the amount that would be the transitional group’s allocable cost amount for that entity if;
(a) the holding of all sub‑group membership interests were disregarded; and
(b) only the following proportion of each of the step 2 to step 7 amounts in the table in section 705‑60 was taken into account:
where:
market value of all membership interests in non‑chosen subsidiary means the market value, at the time the group comes into existence, of all membership interests in the non‑chosen subsidiary that are held by entities that become members of the group at that time.
market value of head company’s direct and indirect membership interests in non‑chosen subsidiary means the market value, at the time the group comes into existence, of all membership interests in the non‑chosen subsidiary that the head company holds directly or indirectly through interposed entities that become subsidiary members of the group at that time and are not included in any sub‑group in relation to the non‑chosen subsidiary.
Sub‑group’s notional allocable cost amount
(5) For each sub‑group that exists in relation to the non‑chosen subsidiary, there is a
sub‑group’s notional allocable cost amount . That amount is the amount that would be a consolidated group’s allocable cost amount for the non‑chosen subsidiary if:
(a) the consolidated group came into existence at the same time as the transitional group and consisted only of the non‑chosen subsidiary and the entities comprising the sub‑group; and
(b) the chosen transitional entity in the sub‑group were the head company of the consolidated group; and
(c) the only membership interests that any entity in the sub‑group held in any other member of the consolidated group were the sub‑group membership interests (see subsection (6)) in relation to the sub‑group; and
(d) only the following proportion of each of the step 2 to step 7 amounts in the table in section 705‑60 was taken into account:
where:
market value of all membership interests in non‑chosen subsidiary means the market value, at the time the group comes into existence, of all membership interests in the non‑chosen subsidiary that are held by entities that become members of the group at that time.
market value of chosen transitional entity’s direct and indirect membership interests in non‑chosen subsidiary means the market value, at the time the group comes into existence, of all membership interests in the non‑chosen subsidiary that the chosen transitional entity holds directly or indirectly through interposed entities that are included in the sub‑group.
Sub‑group and sub‑group membership interests
(6) If a chosen transitional entity holds membership interests in a non‑chosen subsidiary, either directly or indirectly through one or more other entities, each of which is a non‑chosen subsidiary:
(a) the chosen transitional entity and each interposed non‑chosen subsidiary comprise a
sub‑group in relation to the non‑chosen subsidiary (unless the non‑chosen subsidiary is included in a sub‑group in relation to another non‑chosen subsidiary); and(b) the following membership interests are the
sub‑group membership interests in relation to the sub‑group:
(i) the membership interests that the chosen transitional entity holds directly in the non‑chosen subsidiary or in any of the interposed non‑chosen subsidiaries;
(ii) the membership interests that each interposed non‑chosen subsidiary holds directly in the non‑chosen subsidiary or in any of the other interposed non‑chosen subsidiaries.
If any provision of this Act would, because of events that happened before the time the transitional group came into existence, apply to a CGT event that happens after that time to change the cost base or reduced cost base ofthe members’ membership interests in a chosen transitional entity, the provision does not so apply.
Note: For example, such a provision could otherwise apply where a loss transfer or value shift involving the entity has occurred.
Application of section to non‑chosen transitional entities where transitional group formed before 1 July 2003
(1) This section applies if the transitional group comes into existence before 1 July 2003. It applies to each transitional entity in the transitional group, other than a chosen transitional entity. This is so even if there are no chosen transitional entities at all.
Increase in step 3 of allocable cost amount on group formation
(2) The amount to be added under section 705‑90 (step 3 of allocable cost amount) of the
Income Tax Assessment Act 1997 in working out the transitional group’s allocable cost amount for the transitional entity is increased by the additional undistributed profits (thestep 3 unfrankable profits increase ) that would form part of the step 3 amount under that section if:
(a) subsections (3) and (4), and paragraph (6)(b), of that section were disregarded; and
(b) it were a requirement of that section that, if any additional undistributed profits resulting from paragraph (a) of this subsection were distributed as dividends just before the group came into existence, the head company and each other transitional entity interposed between the head company and the transitional entity would be entitled to a rebate of income tax under section 46 or 46A of the
Income Tax Assessment Act 1936 on the dividends.
Increase in tax deferral amount in relation to over‑depreciated assets
(3) The tax deferral amount for the purposes of applying section 705‑50 (reduction in tax cost setting amount for over‑depreciated assets) of the
Income Tax Assessment Act 1997 in relation to an asset of the transitional entity that becomes that of the head company under subsection 701‑1(1) (the single entity rule) of that Act when the transitional group comes into existence is increased by the amount worked out under subsection (4) of this section.
Amount of increase in tax deferral amount
(4) The increase is equal to the amount that would have been the step 3 unfrankable profits increase if the undistributed profits constituting that increase were also required to satisfy the following requirements:
(a) the profits were not subject to income tax because of deductions for the asset’s decline in value;
(b) the decline in value represented the over‑depreciation of the asset;
(c) the deductions for the decline in value do not form part of a tax loss covered by the step 5 amount mentioned in step 5 in the table in section 705‑60 of the
Income Tax Assessment Act 1997 in working out the transitional group’s allocable cost amount for the transitional entity.
If:
(a) after 16 May 2002 and before the transitional group came into existence, a CGT event happened in relation to an asset for which there was:
(i) a roll‑over under Subdivision 126‑B of the
Income Tax Assessment Act 1997 ; or(ii) roll‑over relief under section 40‑340 of that Act in a case covered by item 4 of the table in subsection (1) of that section; and
(b) the cost base or reduced cost base of that asset or any other asset that:
(i) became an asset of the head company when the transitional group came into existence because subsection 701‑1(1) (the single entity rule) of that Act applies; or
(ii) was otherwise an asset of the head company at that time;
differs at that time from what it would have been if the roll‑over had not occurred or there had been no such roll‑over relief;
then Part 3‑90 of the
Income Tax Assessment 1997 applies as if the CGT event had not happened.
(1) This section applies if an entity ceases to be a subsidiary member of the transitional group and the requirements of subsections (2) to (5) are satisfied.
Asset held at leaving time
(2) Just before the entity ceases to be a subsidiary member, it must, disregarding subsection 701‑1(1) (the single entity rule) of the
Income Tax Assessment Act 1997 , hold an asset.
Reduction of asset’s tax cost setting amount for over‑depreciation
(3) When the transitional group came into existence:
(a) the asset must have become that of the head company of the transitional group because subsection 701‑1(1) of that Act applied in relation to a transitional entity; and
(b) section 705‑50 of that Act must have reduced by an amount (the
reduction amount ) the tax cost setting amount for the asset.
Asset held continuously within group
(4) The asset must, disregarding subsection 701‑1(1) of that Act, have been held at all times by the head company or a subsidiary member of the transitional group from when the transitional group came into existence until the entity ceases to be a subsidiary member of the transitional group.
Head company’s advice to leaving entity
(5) Before the entity ceases to be a subsidiary member of the transitional group, the head company must have advised the entity of the amount that the head company proposes to choose under subsection (6) of this section in relation to the asset.
Note: This information would need to be known by the entity if it later becomes a subsidiary member of another consolidated group and still holds the asset. This is because subsection 705‑50(5) of the
Income Tax Assessment Act 1997 requires a reduction in the tax cost setting amount for the asset on joining that other group and the amount chosen by the head company under this section is relevant to working out that reduction.
Head company’s choice
(6) If this section applies, the head company may, in relation to the entity’s ceasing to be a subsidiary member, choose that the terminating valuefor the asset, that is to be used in applying step 1 of the table in section 711‑20 of the
Income Tax Assessment Act 1997 , is increased by so much of the reduction amount as the head company chooses.
(1) This section applies if:
(a) an entity ceases to be a subsidiary member of the transitional group; and
(b) just before the transitional group came into existence, the entity that became the head company held a pre‑CGT asset; and
(c) that holding of the asset did not occur as a result of a CGT event:
(i) for which there was a roll‑over under Subdivision 126‑B of the
Income Tax Assessment Act 1997 ; and(ii) that occurred after 11.45 am by legal time in the Australian Capital Territory on 21 September 1999; and
(d) just before the entity ceases to be a subsidiary member of the group, the asset is still a pre‑CGT asset and is held by the head company only because the entity is taken by subsection 701‑1(1) (the single entity rule) of the
Income Tax Assessment Act 1997 to be a part of the head company.(2) If this section applies, the head company may, in relation to the entity’s ceasing to be a subsidiary member, choose that the terminating value for the asset, that is to be used in applying step 1 of the table in section 711‑20 of the
Income Tax Assessment Act 1997 , is equal to its market value just before the transitional group came into existence.
702‑1 Modified application of section 40‑77 of this Act to assets that an entity brings into a consolidated group
702‑5 Modified application of subsection 40‑285(6) of this Act after entity brings assets into consolidated group
(1) This section applies if:
(a) an entity becomes a subsidiary member of a consolidated group; and
(b) just before it does so, section 40‑77 of this Act applies to an asset that it holds.
(2) For so long as the asset continues to be:
(a) an asset of the head company because subsection 701‑1(1) (the single entity rule) of the
Income Tax Assessment Act 1997 applies; or(b) an asset of another entity, where it became such an asset as a result of that subsection ceasing to apply on the entity ceasing to be a subsidiary member of the group;
then, despite certain provisions of that Act applying, in accordance with subsection 701‑55(2) of that Act, as if the asset were acquired for a payment equal to its tax cost setting amount:
(c) subsection 40‑77(1) continues to apply to the asset; and
Note: This means that Division 40 of the
Income Tax Assessment Act 1997 continues not to apply to an asset that is a mining, quarrying or prospecting right.(d) subsection 40‑77(2) continues to apply to the asset, but applies as if the reference in that subsection to the cost of the asset were a reference to the cost worked out on the basis that the asset were acquired for a payment equal to its tax cost setting amount; and
(e) subsection 40‑77(3) continues to apply to the asset, but applies as if the reference in that subsection to the amount included in assessable income under subsection 40‑285(1) of that Act were a reference to the amount so worked out on the basis that the asset were acquired for a payment equal to its tax cost setting amount.
If:
(a) an entity becomes a subsidiary member of a consolidated group; and
(b) because subsection 701‑1(1) (the single entity rule) of the
Income Tax Assessment Act 1997 applies, an asset of the entity becomes an asset of the head company of the group; and(c) a balancing adjustment event happens in relation to the asset while it is an asset of the head company;
subsection 40‑285(6) of this Act (about reducing the amount included in assessable income for a balancing adjustment event) applies as if the cost of the asset were equal to the tax cost setting amount applicable in relation to the asset for the purposes of having its tax cost set by section 701‑10 (cost to head company of assets that entity brings into group) of the
Income Tax Assessment Act 1997 .Note: The tax cost setting amount applicable in relation to the asset for that purpose is worked out in accordance with Division 705 of the
Income Tax Assessment Act 1997.
Omit “increase”, substitute “work out”.
Repeal the heading, substitute:
Adding to the modified market value of the real loss‑maker
Omit “the modified market value of the real loss‑maker at the initial transfer time were increased by”, substitute “there were added to the modified market value of the real loss‑maker at the initial transfer time”.
Add:
Note: The amount worked out using the formula will be nil if the value donor’s modified market value at the initial transfer time is nil. Even if the amount is nil, section 707‑327 may treat losses transferred by the value donor to the transferee as if they were included in the bundle of losses transferred by the real loss‑maker to the transferee.
Repeal the heading, substitute:
Choice to work out available fraction using this section
Omit “increase”, substitute “work out”.
Repeal the paragraph, substitute:
(a) the available fraction for a bundle of other losses is worked out, because of section 707‑325, as if there were added to the modified market value of the real loss‑maker of the other losses an amount worked out under that section by reference to the value donor’s modified market value; and
Add:
Note: This section has effect even if the amount added to the real loss‑maker’s modified market value under section 707‑325 is nil because the value donor’s modified market value is nil.
Repeal the paragraph, substitute:
(b) each other company (if any) for which it is the case that the available fraction for the bundle is worked out, because of another application of section 707‑325, as if there were added to the real loss‑maker’s modified market value an amount worked out by reference to the company.
Omit “working out an increased available fraction for a bundle of losses under section 707‑325”, substitute “section 707‑325 to apply in relation to the working out of the available fraction for a bundle of losses”.
Repeal the link note, substitute:
[The next Division is Division 717.]
Add:
125‑160 No CGT event J1
125‑165 Adjusted capital loss for value shift under a demerger
125‑170 Reduced cost base reduction if demerger asset subject to roll‑over
[This is the end of the Guide.]
Any *capital gain or *capital loss a *demerging entity makes from *CGT event A1, *CGT event C2, *CGT event C3 or *CGT event K6 happening to its *ownership interests in a *demerged entity under a *demerger is disregarded.
Note 1: The full list of CGT events is in section 104‑5.
Note 2: This section will not apply if section 125‑100 applies.
*CGT event J1 does not happen to a *demerged entity or a member of a *demerger group under a *demerger.
A *capital loss made by an entity that was a member of a *demerger group from a *CGT event happening to a *CGT asset under a *demerger or after a demerger is reduced to the extent that the capital loss is reasonably attributable to a reduction in the *market value of the asset because of the demerger.
Example: The market value of equity or loan interests in the demerging entity may be reduced by the disposal, for inadequate value, of ownership interests of another member of the demerger group to owners of original interests in the head entity of the group.
(1) The *reduced cost base of a *CGT asset is reduced if:
(a) the *market value of the asset is reduced because of a *demerger; and
(b) after the demerger the asset is *acquired by an entity from another entity (the
transferor ) in a situation where the transferor obtained a roll‑over for the disposal; and(c) the reduction occurred when the transferor owned the asset.
(2) The *reduced cost base of the asset as determined under the roll‑over is reduced just after the roll‑over to the extent of the reduction in *market value caused by the *demerger.
Note: The rules in section 125‑165 and this section deal with any value shift that might occur under the demerger and avoid the need for the general value shifting regime to apply.
(3) If the *reduced cost base of a *CGT asset is reduced under this section because of a *demerger, no other adjustment can be made under this Act to that reduced cost base because of something that happens under the demerger.
This Division applies to corporate unit trusts and public trading trusts as if they were companies.
Operative provisions 125‑230 Application of Division to corporate unit trusts and public trading trusts
[This is the end of the Guide.]
This Division applies to a trust to which section 102K or 102S of the
Income Tax Assessment Act 1936 applies for an income year in which a *demerger happens as if:
(a) the trust were a company; and
(b) *ownership interests in it were interests in a company.
Insert:
demerged entity has the meaning given by section 125‑70 of theIncome Tax Assessment Act 1997 .
Insert:
demerger has the meaning given by section 125‑70 of theIncome Tax Assessment Act 1997 .
Insert:
demerger allocation means:
(a) the total market value of the allocation represented by the ownership interests issued by the demerged entity in itself under a demerger to the owners of ownership interests in the head entity of the demerger group; or
(b) the total market value of the allocation represented by the ownership interests disposed of by a member of a demerger group under a demerger to the owners of ownership interests in the head entity; or
(c) the total of both of those market values.
Insert:
demerger dividend means that part of a demerger allocation that is assessable as a dividend under subsection 44(1) or that would be so assessable apart from subsections 44(3) and (4).
Insert:
demerger group has the meaning given by section 125‑65 of theIncome Tax Assessment Act 1997 .
Insert:
demerger subsidiary has the meaning given by section 125‑65 of theIncome Tax Assessment Act 1997 .
Insert:
demerging entity has the meaning given by section 125‑70 of theIncome Tax Assessment Act 1997 .
Insert:
head entity of a demerger group has the meaning given by section 125‑65 of theIncome Tax Assessment Act 1997 .
Insert:
ownership interest has the meaning given by section 125‑60 of theIncome Tax Assessment Act 1997 .
Add:
(2) Subsections (3) and (4) apply to a demerger dividend unless the head entity elects in writing, within one month after it decides which of its shareholders will receive ownership interests in the demerged entity under the demerger, that those subsections do not apply to the total demerger dividend for all shareholders.
(3) This section applies to the demerger dividend as if it had not been paid out of profits.
(4) A demerger dividend is not assessable income or exempt income.
(5) However, subsections (3) and (4) do not apply to a demerger dividend unless, just after the demerger, CGT assets owned by the demerged entity or a demerger subsidiary representing at least 50% by market value of all the CGT assets (or a reasonable approximation of market value) owned by the demerged entity and its demerger subsidiaries are used, directly or indirectly, in one or more businesses carried on by one or more of those entities.
(6) In applying subsection (5), disregard any assets that are ownership interests in a demerger subsidiary unless they are used in a business referred to in that subsection.
Repeal the section, substitute:
Purpose of section
(1) The purpose of this section is to ensure that relevant amounts are treated as dividends for taxation purposes if:
(a) components of a demerger allocation as between capital and profit do not reflect the circumstances of a demerger; or
(b) certain payments, allocations and distributions are made in substitution for dividends.
Application of section
(2) This section applies if:
(a) there is a scheme under which a person is provided with a demerger benefit or a capital benefit by a company; and
(b) under the scheme, a taxpayer (the
relevant taxpayer ), who may or may not be the person provided with the demerger benefit or the capital benefit, obtains a tax benefit; and(c) having regard to the relevant circumstances of the scheme, it would be concluded that the person, or one of the persons, who entered into or carried out the scheme or any part of the scheme did so for a purpose (whether or not the dominant purpose but not including an incidental purpose) of enabling a taxpayer (the
relevant taxpayer ) to obtain a tax benefit.
Commissioner to determine that section 45BA o r45C applies
(3) The Commissioner may make, in writing, a determination that:
(a) section 45BA applies in relation to the whole, or a part, of the demerger benefit; or
(b) section 45C applies in relation to the whole, or a part, of the capital benefit.
A determination does not form part of an assessment.
Note: If section 45BA applies in relation to the whole, or a part, of a demerger benefit, this benefit may be a capital benefit.
Meaning of provided with a demerger benefit
(4) A person is
provided with a demerger benefit if in relation to a demerger:
(a) a company provides the person with ownership interests in that or another company; or
(b) something is done in relation to an ownership interest owned by the person that has the effect of increasing the value of an ownership interest (which may or may not be the same ownership interest) owned by the person.
Meaning of provided with a capital benefit
(5) A reference to a person being
provided with a capital benefit is a reference to any of the following:
(a) the provision of ownership interests in a company to the person;
(b) the distribution to the person of share capital or share premium;
(c) something that is done in relation to an ownership interest that has the effect of increasing the value of an ownership interest (which may or may not be the same interest) that is held by the person.
(6) However, a person is not
provided with a capital benefit to the extent that the provision of interests, the distribution or the thing done referred to in subsection (5) involves the person receiving a demerger dividend.(7) For the purposes of this section, a non‑share distribution to an equity holder is taken to be the distribution to the equity holder of share capital to the extent to which it is a non‑share capital return.
Meaning of relevant circumstances of scheme
(8) The
relevant circumstances of a scheme include:
(a) the extent to which the demerger benefit or capital benefit is attributable to capital or the extent to which the demerger benefit or capital benefit is attributable to profits (realised and unrealised) of the company or of an associate (within the meaning in section 318) of the company;
(b) the pattern of distributions of dividends, bonus shares and returns of capital or share premium by the company or by an associate (within the meaning in section 318) of the company;
(c) whether the relevant taxpayer has capital losses that, apart from the scheme, would be carried forward to a later year of income;
(d) whether some or all of the ownership interests in the company or in an associate (within the meaning in section 318) of the company held by the relevant taxpayer were acquired, or are taken to have been acquired, by the relevant taxpayer before 20 September 1985;
(e) whether the relevant taxpayer is a non‑resident;
(f) whether the cost base (for the purposes of the
Income Tax Assessment Act 1997 ) of the relevant ownership interest is not substantially less than the value of the applicable demerger benefit or capital benefit;(g) whether the relevant taxpayer or an associate (within the meaning in section 318) of the taxpayer is a private company that would not have been entitled to a rebate under section 46F if the taxpayer had been paid an equivalent dividend instead of the demerger benefit or capital benefit;
(h) if the scheme involves the distribution of share capital or share premium—whether the interest held by the relevant taxpayer after the distribution is the same as the interest would have been if an equivalent dividend had been paid instead of the distribution of share capital or share premium;
(i) if the scheme involves the provision of ownership interests and the later disposal of those interests, or an increase in the value of ownership interests and the later disposal of those interests:
(i) the period for which the ownership interests are held by the holder of the interests; and
(ii) when the arrangement for the disposal of the ownership interests was entered into;
(j) for a demerger only:
(i) whether the profits of the demerging entity and demerged entity are attributable to transactions between the entity and an associate (within the meaning in section 318) of the entity; and
(ii) whether the assets of the demerging entity and demerged entity were acquired under transactions between the entity and an associate (within the meaning in section 318) of the entity;
(k) any of the matters referred to in subparagraphs 177D(b)(i) to (viii).
Meaning of obtaining a tax benefit
(9) A relevant taxpayer
obtains a tax benefit if an amount of tax payable, or any other amount payable under this Act, by the relevant taxpayer would, apart from this section, be less than the amount that would have been payable, or would be payable at a later time than it would have been payable, if the demerger benefit had been an assessable dividend or the capital benefit had been a dividend.
Expressions to have same meanings as in Part IIIAA
(10) Expressions used in this section that are defined in Part IIIAA have the same meanings as in that Part.
(1) If the Commissioner makes a determination under subsection 45B(3), the amount of the demerger benefit, or the part of the benefit, is taken not to be a demerger dividend for the purposes of this Act for the owner of the ownership interest or the relevant taxpayer at the time when the owner or relevant taxpayer is provided with the demerger benefit.
(2) The amount of the demerger benefit is:
(a) if the benefit is the provision of an ownership interest—the market value of the interest at the time that it is provided; or
(b) if the benefit is an increase in the value of an ownership interest—the increase in the market value of the interest as a result of the change; or
(c) if the benefit is a distribution to the shareholder of share capital or share premium—the amount debited to the share capital account or share premium account of the company in connection with the provision of the benefit.
Repeal the heading, substitute:
Before “value” (wherever occurring), insert “market”.
Omit “a share”, substitute “an ownership interest”.
Omit “the share”, substitute “the interest”.
Repeal the subsection, substitute:
Notice by Commissioner of determination
(1) If the Commissioner makes a determination under section 45A, 45B or 45C, the Commissioner must give a copy of the determination to the company concerned (which, in the case of a demerger benefit referred to in section 45B, is the head entity of the demerger group). The notice may be included in a notice of assessment.
Notice by company of determination
(1A) That company must, in the case of a determination under section 45A or 45B, give a copy of the notice to:
(a) the advantaged shareholder referred to in section 45A; or
(b) the relevant taxpayer referred to in section 45B.
After “(See Subdivisions C and D.)”, insert “Also, this Division does not apply to demerger dividends. (See Subdivision DA.)”.
Insert:
This Division does not apply to a demerger dividend to which section 45B does not apply.
Omit “and (3A)”, substitute “, (3A) and (3D)”.
Insert:
(3D) This section does not apply to a demerger dividend to which section 45B does not apply.
Add:
Note 4: The capital loss may be affected if the CGT asset was owned by a member of a demerger group just before a demerger: see section 125‑170.
Add:
Note 3: A capital gain or loss made by a demerging entity from CGT event A1 happening as a result of a demerger is also disregarded: see section 125‑155.
Add:
Note 5: Cost base adjustments are made only under Subdivision 125‑B if there is a roll‑over under that Subdivision for CGT event C2 happening as a result of a demerger.
Note 6: A capital gain or loss made by a demerging entity from CGT event C2 happening as a result of a demerger is also disregarded: see section 125‑155.
Add:
Note: Cost base adjustments are made only under Subdivision 125‑B if there is a roll‑over under that Subdivision for CGT event E4 happening as a result of a demerger.
Add:
Note: Cost base adjustments are made only under Subdivision 125‑B if there is a roll‑over under that Subdivision for CGT event G1 happening as a result of a demerger.
Add:
; or (g) a company or a trust that is a member of a *demerger group issues new *ownership interests under a *demerger.
Note: For demergers, see Division 125.
Add:
Note: CGT event J1 does not happen to a demerged entity or a member of a demerger group if CGT event A1 or C2 happens to a demerging entity under a demerger: see section 125‑160.
Add:
Note: A capital gain or loss made by a demerging entity from CGT event K6 happening as a result of a demerger is also disregarded: see section 125‑155.
Insert:
1 | There is a roll‑over under Subdivision 125‑B after a demerger | First element of cost base and reduced cost base of new interests and remaining original interests | 125‑80 |
2 | There is a CGT event under a demerger but no roll‑over under Subdivision 125‑B | First element of cost base and reduced cost base of new interests and remaining original interests | 125‑85 |
3 | There is a cost base adjustment under Subdivision 125‑B but no CGT event under a demerger | First element of cost base and reduced cost base of new interests and remaining original interests | 125‑90 |
Repeal the subsection, substitute:
(3) All replacement‑asset roll‑overs are set out in the table in section 112‑115.
Add:
Note 3: The reduced cost base may be further modified if the replacement asset roll‑over happens after a demerger: see section 125‑175.
Insert:
Omit the third sentence, substitute “All same‑asset roll‑overs are set out in the table in section 112‑150”.
Omit “Note”, substitute “Note 1”.
Add:
Note 2: The reduced cost base may be further modified if the same asset roll‑over happens after a demerger: see section 125‑175.
Omit “Note”, substitute “Note 1”.
Add:
Note 2: The reduced cost base may be modified for a roll‑over happening after a demerger: see section 125‑175.
Omit “Note”, substitute “Note 1”.
Add:
Note 2: The reduced cost base (as determined under this section) may be modified for a roll‑over happening after a demerger: see section 125‑175.
Add:
Note 5: The reduced cost base may be modified for a roll‑over happening after a demerger: see section 125‑175.
Add:
Note: The reduced cost base may be modified for a roll‑over happening after a demerger: see section 125‑175.
Omit “Note”, substitute “Note 1”.
Add:
Note 2: The reduced cost base may be modified for a roll‑over happening after a demerger: see section 125‑175.
Add:
; (i) a *demerger dividend.
Add:
(3) However, the right, power or option of an owner of *ownership interests in the *head entity of a *demerger group to *acquire, under a *demerger, ownership interests in the *demerged entity is not a right, power or option covered by subsection (1).
Insert:
demerged entity has the meaning given by section 125‑70.
Insert:
demerger has the meaning given by section 125‑70.
Insert:
demerger dividend has the meaning given by subsection 6(1) of theIncome Tax Assessment Act 1936 .
Insert:
demerger group has the meaning given by section 125‑65.
Insert:
demerger subsidiary has the meaning given by section 125‑65.
Insert:
demerging entity has the meaning given by section 125‑70.
Insert:
dual listed company arrangement has the meaning given by section 125‑60.
Insert:
dual listed company voting share has the meaning given by section 125‑60.
Insert:
head entity of a demergergroup has the meaning given by section 125‑65.
53
Subsection 995‑1(1) (definition of ownership interest ) Repeal the definition, substitute:
ownership interest : anownership interest :
(a) in land or a *dwelling—has the meaning given by section 118‑130; and
(b) in a company or trust—has the meaning given by section 125‑60.
A company that makes payments in respect of shares in the company under a demerger that happens on or after 1 July 2002 and before this Act receives the Royal Assent can choose to apply section 45B of the
Income Tax Assessment Act 1936 as that section existed before the amendments made by this Act to the demerger rather than that section as amended by this Act if:
(a) the head entity of the demerger group is a listed public company; and
(b) the only CGT events (if any) that happen under the demerger to all original interests in that head entity are CGT event A1, CGT event C2 or CGT event G1.
The amendments made by this Schedule apply to demergers happening on or after 1 July 2002.
The endnotes provide details of the history of this legislation and its provisions. The following endnotes are included in each compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Endnote 5—Uncommenced amendments
Endnote 6—Modifications
Endnote 7—Misdescribed amendments
Endnote 8—Miscellaneous
If there is no information under a particular endnote, the word “none” will appear in square brackets after the endnote heading.
The abbreviation key in this endnote sets out abbreviations that may be used in the endnotes.
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended the compiled law. The information includes commencement information for amending laws and details of application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision level. It also includes information about any provisions that have expired or otherwise ceased to have effect in accordance with a provision of the compiled law.
The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in endnote 5.
If the compiled law is affected by a modification that is in force, details of the modification are included in endnote 6.
An amendment is a misdescribed amendment if the effect of the amendment cannot be incorporated into the text of the compilation. Any misdescribed amendment is included in endnote 7.
Endnote 8 includes any additional information that may be helpful for a reader of the compilation.
ad = added or inserted | pres = present |
am = amended | prev = previous |
c = clause(s) | (prev) = previously |
Ch = Chapter(s) | Pt = Part(s) |
def = definition(s) | r = regulation(s)/rule(s) |
Dict = Dictionary | Reg = Regulation/Regulations |
disallowed = disallowed by Parliament | reloc = relocated |
Div = Division(s) | renum = renumbered |
exp = expired or ceased to have effect | rep = repealed |
hdg = heading(s) | rs = repealed and substituted |
LI = Legislative Instrument | s = section(s) |
LIA = | Sch = Schedule(s) |
mod = modified/modification | Sdiv = Subdivision(s) |
No = Number(s) | SLI = Select Legislative Instrument |
o = order(s) | SR = Statutory Rules |
Ord = Ordinance | Sub‑Ch = Sub‑Chapter(s) |
orig = original | SubPt = Subpart(s) |
|
New Business Tax System (Consolidation, Value Shifting, Demergers and Other Measures) Act 2002 | 90, 2002 | 24 Oct 2002 | ||
New Business Tax System (Consolidation and Other Measures) Act (No. 1) 2002 | 117, 2002 | 2 Dec 2002 | Schedule 15 (items 2–4): | — |
New Business Tax System (Consolidation and Other Measures) Act 2003 | 16, 2003 | 11 Apr 2003 | Schedule 18: | — |
Taxation Laws Amendment Act (No. 6) 2003 | 67, 2003 | 30 June 2003 | Schedule 8: Royal Assent | Sch. 8 (item 3) |
Tax Laws Amendment (2010 Measures No. 2) Act 2010 | 75, 2010 | 28 June 2010 | Schedule 6 (item 15): 29 June 2010 | — |
Tax and Superannuation Laws Amendment (2014 Measures No. 4) Act 2014 | 110, 2014 | 16 Oct 2014 | Sch 5 (items 141, 142): 29 June 2002 (s 2(1) item 8) Sch 5 (item 143): 24 Oct 2002 (s 2(1) item 9) | — |
(a) Subsection 2(1) (item 9) of theNew Business Tax System (Consolidation and Other Measures) Act (No. 1) 2002 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.
Schedules 6 to 15 | Immediately
after the commencement of Schedule 1 to the | 24 October 2002 |
(b) Subsection 2(1) (item 10) of theNew Business Tax System (Consolidation and Other Measures) Act 2003 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.
Schedules 15 to 18 | Immediately
after the commencement of Schedule 1 to the | 24 October 2002 |
s. 4....................................... | rep. No. 75, 2010 |
Note to item 2........................ | ad. No. 117, 2002 |
Note to item 3........................ | ad. No. 117, 2002 |
Items 5–10............................ | ad. No. 117, 2002 |
Item 11................................. | ad. No. 16, 2003 |
hdg to item 34........................ | rs No 110, 2014 |
Item 34................................. | am No 110, 2014 |
Items 1, 2.............................. | am. No. 67, 2003 |
hdg to item 19........................ | rs No 110, 2014 |
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0
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