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-E 
-
 Business continuity test
           
          
          
          
          
            History
            
            
              Subdiv 165-E heading substituted by No 7 of 2019, s 3 and Sch 1 item 81, effective 1 April 2019 and applicable in relation to income years starting on or after 1 July 2015. The heading formerly read:
                
                   
                    Subdivision 165-E 
-
 The same business test
                    
 
 
             
           
          
          
          SECTION 165-210
           
          The business continuity test 
-
 carrying on the same business
           
          
          
          165-210(1)
           
          
           
          
          A company satisfies the 
          
business continuity test
          
 if throughout the 
*
business continuity test period it carries on the same 
*
business as it carried on immediately before the 
*
test time. 
          
          
          
            History
            
            
              S 165-210(1) amended by No 7 of 2019, s 3 and Sch 1 item 2, by substituting 
"
                business continuity test
                
 if throughout the 
*
business continuity test period
"
 for 
"
                same business test
                
 if throughout the 
*
same business test period
"
, effective 1 April 2019 and applicable in relation to income years starting on or after 1 July 2015.
              S 165-210(1) amended by 
No 164 of 2007
, s 3 and Sch 6 items 27 and 28, by omitting 
"
(other than a company covered by section 165-212A)
"
 after 
"
A company
"
 and repealing the note, 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.The note formerly read:
                
                    Note:
                    
                    Companies whose total income for an income year is more than 
$
100 million cannot satisfy the same business test for the same business test period: see section 
165-212A
.
 
              S 165-210(1) amended by No 147 of 2005, s 3 and Sch 1 item 75, by inserting the note at the end, effective 14 December 2005. 
              S 165-210(1) amended by No 147 of 2005, s 3 and Sch 1 item 74, by substituting 
"
A company (other than a company covered by section 165-212A)
"
 for 
"
The company
"
, effective 14 December 2005. For application provision, see note under s 165-13(1). 
             
           
  
          
          
          
          165-210(2)
           
          
           
          
          However, the company does 
not
 satisfy the 
*
business continuity test under this section if, at any time during the 
*
business continuity test period, it 
*
derives assessable income from: 
          
          
          (a)
          a 
*
business of a kind that it did not carry on before the 
*
test time; or 
 
          
          
          (b)
          a transaction of a kind that it had not entered into in the course of its business operations before the 
*
test time. 
 
          
          
          
            History
            
            
              S 165-210(2) amended by No 7 of 2019, s 3 and Sch 1 item 3, by substituting 
"
*
business continuity test under this section if, at any time during the 
*
business continuity test period,
"
 for 
"
*
same business test if, at any time during the 
*
same business test period,
"
, effective 1 April 2019 and applicable in relation to income years starting on or after 1 July 2015.
             
           
 
          
          
          
          165-210(3)
           
          
           
          
          The company also does 
not
 satisfy the 
*
business continuity test under this section if, before the 
*
test time, it: 
          
          
          (a)
          started to carry on a 
*
business it had not previously carried on; or 
 
          
          
          (b)
          in the course of its business operations, entered into a transaction of a kind that it had not previously entered into; 
 
          
and did so for the purpose, or for purposes including the purpose, of being taken to have carried on throughout the 
*
business continuity test period the same business as it carried on immediately before the test time. 
 
          
          
          
            History
            
            
              S 165-210(3) amended by No 7 of 2019, s 3 and Sch 1 items 4 and 5, by substituting 
"
*
business continuity test under this section if
"
 for 
"
*
same business test if
"
 and 
"
*
business continuity test period
"
 for 
"
*
same business test period
"
, effective 1 April 2019 and applicable in relation to income years starting on or after 1 July 2015.
             
           
 
          
          
          
          165-210(4)
           
          
           
          
          So far as the 
*
business continuity test under this section is applied for the purpose of Subdivision 
165-B
 (which is about working out the taxable income and 
*
tax loss for the income year of change of ownership or control), the company also does 
not
 satisfy the test if, at any time during the 
*
business continuity test period, it incurs expenditure: 
          
          
          (a)
          in carrying on a 
*
business of a kind that it did not carry on before the 
*
test time; or 
 
          
          
          (b)
          as a result of a transaction of a kind that it had not entered into in the course of its business operations before the test time. 
          
 
          
          
          
            History
            
            
              S 165-210(4) amended by No 7 of 2019, s 3 and Sch 1 items 6 and 7, by substituting 
"
*
business continuity test under this section is
"
 for 
"
*
same business test is
"
 and 
"
*
business continuity test period
"
 for 
"
*
same business test period
"
, effective 1 April 2019 and applicable in relation to income years starting on or after 1 July 2015.
              S 165-210(4) amended by No 114 of 2000.