INCOME TAX ASSESSMENT ACT 1997

CHAPTER 3 - SPECIALIST LIABILITY RULES  

PART 3-6 - THE IMPUTATION SYSTEM  

Division 220 - Imputation for NZ resident companies and related companies  

Subdivision 220-C - Modifications of other Divisions of this Part  

Rules about exempting entities

SECTION 220-510   Parent company ' s status as prescribed person sets status of all other members of same wholly-owned group  

220-510(1)  
This section has effect for the purposes of working out whether a company is an *exempting entity at a particular time because it is effectively owned by prescribed persons within the meaning of section 208-25 , if:


(a) at the time the company is a *100% subsidiary of another company (the parent company ) that is not a 100% subsidiary of another member of the same *wholly-owned group; and


(b) at the time the parent company is a *post-choice NZ franking company; and


(c) there is at least one company (the non-Tasman company ) that meets all these conditions:


(i) the non-Tasman company is neither an Australian resident nor an *NZ resident at the time;

(ii) the non-Tasman company is a member of the same wholly-owned group at the time;

(iii) the non-Tasman company is interposed between the parent company and a company that, at the time, is an Australian resident or a post-choice NZ franking company.

220-510(2)  
At the time, each company that is a *100% subsidiary of the parent company is a prescribed person if the parent company is a prescribed person at the time for those purposes because of section 208-40 or 208-45 (taking account of section 220-505 , if relevant).

220-510(3)  
At the time, each company that is a *100% subsidiary of the parent company is not a prescribed person if the parent company is not a prescribed person for those purposes because of section 208-40 or 208-45 (taking account of section 220-505 , if relevant).

220-510(4)  
This section has effect despite sections 208-40 , 208-45 and 220-505 so far as those sections apply in relation to a *100% subsidiary of the parent company.


 

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