Tax Law Improvement Act (No. 1) 1998 (46 of 1998)

2   CGT (new Parts 3-1, 3-3 and 3-5)

2   Consequential amendment of the Income Tax Assessment Act 1997

47   After section 195-15

Insert:

Working out a PDF's net capital gain and net capital loss

195-25 Applying a PDF's net capital losses

If a company is a *PDF at the end of an income year for which it has a *net capital loss, it can apply the loss in working out its *net capital gain for a later income year only if it is a PDF throughout the last day of the later income year.

195-30 PDF cannot transfer net capital loss

If a company is a *PDF at the end of an income year for which it has a *net capital loss, it cannot transfer any amount of the loss under Subdivision 170-B (which is about the transfer of net capital losses within wholly-owned groups of companies).

195-35 Net capital loss for year in which company becomes a PDF

(1) This section applies if a company becomes a *PDF during an income year and is still a PDF at the end of it.

(2) Divide the income year into periods according to subsection 195-15(2) (about working out the company's tax loss for the income year).

(3) For each period, work out whether the company has a *net capital gain or a *net capital loss (or both), treating each period as if it were an income year.

(4) If the company has:

(a) a *net capital gain for the non-PDF period; and

(b) a *net capital loss for the PDF period;

that loss is a net capital loss of the company for the income year.

Note: The company can only apply the loss while it is a PDF: see section 195-25.

(5) If the company has a *net capital loss for the non-PDF period:

(a) section 195-25 does not prevent the company from applying its *net capital loss for the income year in working out its *net capital gain for a later income year; and

(b) section 195-30 does not prevent the company from transferring an amount of its net capital loss for the income year under Subdivision 170-B (which is about the transfer of net capital losses within wholly-owned groups of companies);

to the extent that its net capital loss for the income year does not exceed its net capital loss for the non-PDF period.

(6) These rules apply in addition to the other rules about how *net capital losses are applied or transferred.

The other rules start in Division 102 (about net capital gains and losses).

[The next Part is Part 3-45.]


Copyright notice

© Australian Taxation Office for the Commonwealth of Australia

You are free to copy, adapt, modify, transmit and distribute material on this website as you wish (but not in any way that suggests the ATO or the Commonwealth endorses you or any of your services or products).