INCOME TAX ASSESSMENT ACT 1997

CHAPTER 3 - SPECIALIST LIABILITY RULES  

PART 3-90 - CONSOLIDATED GROUPS  

Division 709 - Other rules applying when entities become subsidiary members etc.  

Subdivision 709-C - Treatment of excess franking deficit tax offsets when entity becomes a subsidiary member of a consolidated group  

SECTION 709-185   Joining entity ' s excess franking deficit tax offsets transferred to head company  

709-185(1)  
This section operates if:


(a) an entity (the joining entity ) becomes a * subsidiary member of a * consolidated group at a time (the joining time ); and


(b) the joining entity is entitled to a * tax offset under section 205-70 for the income year that ends or, if subsection 701-30(3) applies, that is taken by subsection (3) of that section to end, at the joining time; and


(c) an amount (the joining entity ' s excess ) of the offset remains after applying section 63-10 (about the tax offset priority rules) to the joining entity ' s basic income tax liability for that income year.

Transfer of excess to head company

709-185(2)  


For the purpose of applying subsection 205-70(1) to the *head company of the *consolidated group for the income year in which the joining time occurs:


(a) if, as described in paragraph 205-70(1)(c) , an amount of a *tax offset remains after applying section 63-10 - that amount is taken to be increased by the amount of the joining entity ' s excess; or


(b) otherwise:


(i) paragraph 205-70(1)(c) is taken to apply to the head company; and

(ii) the remaining amount of a tax offset covered by that paragraph is taken to be the amount of the joining entity ' s excess.
Note:

Paragraph 205-70(1)(c) refers to tax offsets under section 205-70 .

709-185(2A)  


In working out whether paragraph (2)(a) applies, take into account any application of this section to any other entity that became a *subsidiary member of the group before the joining time. Joining entity prevented from utilising excess in later income years

709-185(3)  
For the purpose of applying subsection 205-70(1) to the joining entity for any income year after that in which the joining time occurs, the joining entity ' s excess is disregarded.


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