CHAPTER 3
-
SPECIALIST LIABILITY RULES
PART 3-5
-
CORPORATE TAXPAYERS AND CORPORATE DISTRIBUTIONS
Division 165
-
Income tax consequences of changing ownership or control of a company
Subdivision 165-A
-
Deducting tax losses of earlier income years
Operative provisions
SECTION 165-10
165-10
To deduct a tax loss
A company cannot deduct a
*
tax loss unless either:
(a)
it meets the conditions in section
165-12
(which is about the company maintaining the same owners); or
Note:
See section
165-215
for a special alternative to these conditions.
(b)
it meets the condition in section
165-13
(which is about the company satisfying the business continuity test).
Note:
In the case of a widely held or eligible Division
166
company, Subdivision
166-A
modifies how this Subdivision applies, unless the company chooses otherwise.
History
S 165-10 amended by No 7 of 2019, s 3 and Sch 1 item 38, by substituting
"
business continuity test
"
for
"
same business test
"
in para (b), effective 1 April 2019 and applicable in relation to income years starting on or after 1 July 2015.
S 165-10 amended by
No 164 of 2007
, s 3 and Sch 6 items 4 and 5, by repealing note 2, applicable to:
(a) any tax loss that is incurred in an income year commencing on or after 1 July 2005; and
(b) any net capital loss that is made in an income year commencing on or after 1 July 2005; and
(c) any deduction in respect of a bad debt that is incurred in an income year commencing on or after 1 July 2005.
Note 2 formerly read:
Note 2:
Companies whose total income for an income year is more than
$
100 million cannot meet the condition in section
165-13
for that year: see section
165-212A
.
S 165-10 amended by No 147 of 2005, No 142 of 2003 and No 58 of 2000.