Income Tax Assessment Act 1997
The *head company of a *consolidated group or of a *MEC group is an outward investing entity (non-ADI) for a period that is all or part of an income year if, and only if, it is:
(a) an *outward investor (general) for that period (because of subsection (2)); or
(b) an *outward investor (financial) for that period (because of subsection (3)). Outward investor (general) 820-583(2)
The *head company of a *consolidated group or of a *MEC group is an outward investor (general) for a period that is all or part of an income year if:
(a) for that period, the head company satisfies the condition in the second column of item 1 or 3 of the table in subsection 820-85(2) ; and
(b) no *member of the group is a *financial entity or *ADI at any time during that period. Outward investor (financial) 820-583(3)
The *head company of a *consolidated group or of a *MEC group is an outward investor (financial) for a period that is all or part of an income year if:
(a) for that period, the head company satisfies the condition in the second column of item 1 or 3 of the table in subsection 820-85(2) ; and
(b) throughout that period, there is at least one *member of the group that is a *financial entity; and
(c) no *member of the group is an *ADI at any time during that period. Inward investing entity (non-ADI) 820-583(4)
The *head company of a *consolidated group or of a *MEC group is an inward investing entity (non-ADI) for a period that is all or part of an income year if, and only if, it is:
(a) an *inward investment vehicle (general) for that period (because of subsection (5)); or
(b) an *inward investment vehicle (financial) for that period (because of subsection (6)). Inward investment vehicle (general) 820-583(5)
The *head company of a *consolidated group or of a *MEC group is an inward investment vehicle (general) for a period that is all or part of an income year if:
(a) throughout that period, the head company is a *foreign controlled Australian entity; and
(b) no member of the group is a *financial entity or *ADI at any time during that period.
The *head company of a *consolidated group or of a *MEC group is an inward investment vehicle (financial) for a period that is all or part of an income year if:
(a) throughout that period, the head company is a *foreign controlled Australian entity; and
(b) throughout that period, there is at least one *member of the group that is a *financial entity; and
(c) no member of the group is an *ADI at any time during that period.
The *head company of a *consolidated group or of a *MEC group is an outward investing entity (ADI) for a period that is all or part of an income year if, and only if:
(a) apart from Part 3-90 (about consolidation of groups) and this Subdivision, at least one *member of the group would be an *outward investing entity (ADI) for that period; or
(b) these conditions are met:
(i) at least one member of the group would, apart from that Part and this Subdivision, be an *outward investing entity (non-ADI) for that period; and
(ii) at least one member of the group is an *ADI throughout that period.
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