Income Tax Assessment Act 1997
If a *consolidated group or *MEC group:
(a) comes into existence at a time during an income year that is not the start of the income year; or
(b) ceases to exist at a time during an income year that is not the end of the income year;
then, for each of the following periods during that income year:
(c) a period throughout which a company is the *head company of that group; or
(d) a period throughout which that company is the head company of a different consolidated group or MEC group; or
(e) a period throughout which that company is a *member of no consolidated group or MEC group;
this Division (except this section) is to have either:
(f) a single application in relation to the whole of the period; or
(g) 2 or more applications, each in relation to a part of that period.
Austco Ltd is not a member of a consolidated group for the first 6 months of an income year, but then becomes the head company of a consolidated group which continues in existence for the rest of the income year.
This section ensures that section 820-120 (about part year periods) applies to Austco instead of section 820-85 , so that Subdivision 820-B has 2 separate applications to Austco: one for the first 6 months and the other for the rest of the income year. Under the second application, account is taken of the position of the subsidiary members that are taken to be part of Austco as head company of the consolidated group.
S 820-581 (last paragraph of the example) repealed as inoperative by No 101 of 2006 , s 3 and Sch 1 item 249, effective 14 September 2006. For application and savings provisions and for former wording see the CCH Australian Income Tax Legislation archive .