Tax Laws Amendment (Loss Recoupment Rules and Other Measures) Act 2005 (147 of 2005)

Schedule 1   Loss recoupment rules for companies etc.

Income Tax Assessment Act 1997

9   Section 102-30 (table item 5)

Repeal the table item, substitute:

5

A company

It cannot apply a net capital loss unless:

• the same people owned the company during the loss year, the income year and any intervening year; and

• no person controlled the company's voting power at any time during the income year who did not also control it during the whole of the loss year and any intervening year;

or the company has satisfied the same business test.

Subdivision 165-CA