INCOME TAX ASSESSMENT ACT 1997

CHAPTER 3 - SPECIALIST LIABILITY RULES  

PART 3-5 - CORPORATE TAXPAYERS AND CORPORATE DISTRIBUTIONS  

Division 170 - Treatment of certain company groups for income tax purposes  

Subdivision 170-D - Transactions by a company that is a member of a linked group  

Operative provisions

SECTION 170-275   Subsequent consequences for originating company  

170-275(1)  
If, at a time after the deferral event, any one or more of the following events (the new events ) happens:


(a) the *CGT asset *acquired by the other entity referred to in paragraph 170-255(1)(a) (the relevant CGT asset ), or a greater than 50% interest in it, ceases to exist;


(b) the relevant CGT asset, or a greater than 50% interest in it, is acquired by an entity that is none of the following:


(i) a member of the *linked group of which the originating company is a member;

(ii) a connected entity of the originating company;

(iii) an *associate of such a connected entity;


(c) if the relevant CGT asset is acquired by a company that is a member of that linked group - that company ceases to be a member of that linked group;


(d) the originating company ceases to be a member of that linked group;


(e) if the relevant CGT asset is acquired by an entity that is a connected entity of the originating company or is an associate of such a connected entity - that entity ceases to be such a connected entity or ceases to be an associate of such a connected entity, as the case may be;

the originating company is taken, immediately before the time of the happening of the new event or the earliest of the new events, as the case may be, to have made a *capital loss equal to the amount of the capital loss referred to in section 170-270 or to have become entitled to a deduction equal to the deduction, or the share of the deduction, referred to in that section, as the case may be.

170-275(2)  
If the *capital loss referred to in section 170-270 would have been made from a *personal use asset or from a *collectable, any corresponding capital loss that the originating company is taken by subsection (1) of this section to have made is taken to have been made from a personal use asset or from a collectable, as the case may be.


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