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

S 165-212A repealed by No 164 of 2007 , s 3 and Sch 6 item 1, applicable to: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.

S 165-212A formerly read:

SECTION 165-212A Some companies cannot satisfy the same business test  
165-212A
For the purposes of this Division and Division 166 , a company does not satisfy the *same business test for the whole or a part of the income year if the *total income of the company for the income year is more than $100 million.

Note:

Section 165-212C sets out how to work out the total income of a company that is not able to work out its total income for a 12 month period.

S 165-212A inserted by No 147 of 2005 , s 3 and Sch 1 item 76, effective 14 December 2005. For application provision, see note under s 165-13(1).