INCOME TAX ASSESSMENT ACT 1997

CHAPTER 3 - SPECIALIST LIABILITY RULES  

PART 3-90 - CONSOLIDATED GROUPS  

Division 701 - Core rules  

Supporting provisions  

SECTION 701-56   Application of subsection 701-55(6)  

701-56(1)  


Subsection (2) applies in relation to each asset that would be an asset of an entity at the time (the joining time ) it becomes a * subsidiary member of a * consolidated group, assuming that subsection 701-1(1) (the single entity rule) did not apply.

701-56(1A)  


Subsection (2) applies only to the extent necessary for the purposes of subsection 701-55(6) to determine whether a provision of this Act is to apply in relation to each of those assets on and after the joining time.

701-56(1B)  


Subsection (2) applies despite section 701-5 (the entry history rule).

701-56(2)  


Treat the * head company as having acquired each of those assets at the joining time as part of acquiring the business of the joining entity as a going concern. Certain depreciating assets etc

701-56(3)  
Subsection 701-55(6) does not apply in relation to an asset if any of the following provisions are to apply in relation to the asset:


(a) Subdivision 40-F (Primary production depreciating assets);


(b) Subdivision 40-G (Capital expenditure of primary producers and other landholders);


(c) Subdivision 40-H (Capital expenditure that is immediately deductible);


(d) Subdivision 40-I (Capital expenditure that is deductible over time);


(e) Subdivision 40-J (Capital expenditure for the establishment of trees in carbon sink forests);


(f) Division 41 (Additional deduction for certain new business investment);


(g) Division 43 (Deductions for capital works).


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