Taxation Determination

TD 2001/17W

Income tax: capital gains: if a company transferred a net capital loss under Subdivision 170-B of the Income Tax Assessment Act 1997:

(a)

when do the adjustments required by section 170-175 or 170-180 to the cost base and reduced cost base of a group company's interest in the loss company or the gain company take effect; and

(b)

what happens if a subvention payment (loss company) or a tax benefit (gain company) that would otherwise be taken into account in determining the amount of any adjustment, is no longer reflected in the market value of an interest at the time a CGT event happens to it because the subvention payment or tax benefit has been distributed as a dividend?

• Please note that the PDF version is the authorised version of this withdrawal notice.
  This document has changed over time. View its history.

Notice of Withdrawal

Taxation Determination TD 2001/17 is withdrawn with effect from today.

1. TD 2001/17 deals with the transfer of a net capital loss by a company under Subdivision 170-B of the Income Tax Assessment Act 1997.

2. TD 2001/17 only applies to net capital losses transferred before 22 February 1999.

3. TD 2001/17 has no ongoing application and is therefore withdrawn without replacement.

Commissioner of Taxation
20 December 2016

© AUSTRALIAN TAXATION OFFICE FOR THE COMMONWEALTH OF AUSTRALIA

You are free to copy, adapt, modify, transmit and distribute this material as you wish (but not in any way that suggests the ATO or the Commonwealth endorses you or any of your services or products).

Previously issued as TD 1999/D31 (withdrawn on 2 July 1999) and TD 1999/D33

References

ATO references:
NO 1-9N72KXS

Related Rulings/Determinations:

TD 2001/16

Subject References:
cost base
cost base adjustment
distribution
dividend
gain company
loss company
loss transfer
net capital loss
reduced cost base
subvention payment
tax benefit
transfer of loss

Legislative References:
ITAA 1936 160ZP
ITAA 1936 170
ITAA 1997 118-20(1)
ITAA 1997 118-20(1A)
ITAA 1997 Subdiv 170-B
ITAA 1997 170-115(1)
ITAA 1997 170-145(2)
ITAA 1997 170-145(3)
ITAA 1997 170-145(4)
ITAA 1997 170-175
ITAA 1997 170-180
ITAA 1997 Subdiv 170-C