New Business Tax System (Integrity and Other Measures) Act 1999 (Incorporating amendments up to Act No. 78 of 2001) (169 of 1999)

Schedule 5   Transfers of losses within wholly-owned company groups

Income Tax Assessment Act 1997

1   Section 112-95

Repeal the section, substitute:

112-95 Transfer of tax losses and net capital losses within wholly-owned groups of companies

Transfer of tax losses and net capital losses within wholly-owned groups of companies

Item

In this situation:

Element affected:

See section:

1

An amount of a tax loss is transferred and a company has a direct or indirect equity interest in the loss company

The total cost base and reduced cost base

170-210

2

An amount of a tax loss is transferred and a company has a direct or indirect debt interest in the loss company

The reduced cost base

170-210

3

An amount of a tax loss is transferred and a company has a direct or indirect equity or debt interest in the income company

The total cost base and reduced cost base

170-215

4

An amount of a net capital loss is transferred and a company has a direct or indirect equity interest in the loss company

The total cost base and reduced cost base

170-220

5

An amount of a net capital loss is transferred and a company has a direct or indirect debt interest in the loss company

The reduced cost base

170-220

6

An amount of a net capital loss is transferred and a company has a direct or indirect equity or debt interest in the gain company

The total cost base and reduced cost base

170-225