New Business Tax System (Integrity and Other Measures) Act 1999 (Incorporating amendments up to Act No. 78 of 2001) (169 of 1999)
Schedule 4 Transfers of assets within company groups
Income Tax Assessment Act 1997
12 Subsection 126-85(3) (method statement, steps 2 and 3)
Repeal the steps, substitute:
Step 2. Work out (disregarding this Subdivision):
(a) the sum of the *capital gains the subsidiary would make on the *disposal of its CGT roll-over assets to the holding company; and
(b) the sum of the *capital losses it would make except for Subdivision 170-D on the disposal of its *CGT assets to the holding company;
in the course of the liquidation assuming the *capital proceeds were the assets' market values at the time of the disposal.
Step 3. If, after subtracting the sum of the *capital losses from the sum of the *capital gains, there is an overall capital gain from step 1 and an overall capital gain from step 2, then continue. Otherwise there is no adjustment.
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