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Edited version of your written advice
Authorisation Number: 1051452520505
Date of advice: 16 November 2018
Ruling
Subject: Same business test
Question
Will a company satisfy the same business test in section 165-13 of the Income Tax Assessment Act 1997 in respect of carried forward tax losses in the event that, during a same business test period, certain contracts are entered into?
Answer
Yes
Reasons for decision
Having regard to the facts and circumstances of the company’s business, and Taxation Ruling TR 1999/9 Income tax: the operation of sections 165-13 and 165-210, paragraph 165-35(b), section 165-126 and section 165-132, the company will satisfy the same business test in section 165-13 of the Income Tax Assessment Act 1997.