Income Tax Assessment Act 1997
This Subdivision sets out cases where the Commissioner may prevent a company, in working out its *net capital gain for an income year, from applying some or all of a *net capital loss it has for an earlier income year (or of part of one) (the excluded loss ). This is called disallowing the excluded loss.
A company ' s net capital gain for an income year is usually worked out under section 102-5 .
However, the Commissioner cannot *disallow the *excluded loss if, in determining (under section 165-96 ) whether Subdivision 165-A would prevent the company from deducting the loss (or the part of the loss) for the income year if the loss were a *tax loss of the company for that earlier income year, the company:
(a) would fail to meet a condition in section 165-12 (which is about the company maintaining the same owners) in respect of the income year; but
(b) would meet the condition in section 165-13 in respect of the income year by satisfying the *business continuity test under section 165-210 .
Subdivision 165-A deals with the deductibility of a company ' s tax loss for an earlier income year if there has been a change in the ownership or control of the company in the period from the start of the loss year to the end of the income year.