Taxation Determination

TD 94/38W

Income tax: does subsection 80A(1) of the Income Tax Assessment Act 1936 require an unbroken compliance for the continuity of ownership test?

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FOI status:

Notice of Withdrawal

Taxation Determination TD 94/38 is withdrawn with effect from today.

Subsection 80A(1) of the Income Tax Assessment Act 1936 has been replaced by Division 165 of the Income Tax Assessment Act 1997. This Division incorporates the principles expressed in Taxation Determination TD 94/38.

Commissioner of Taxation
2 July 1997

Previously issued as Draft TD 93/D240.

References

ATO references:
NO PUL: 93/A.28

Subject References:
losses
continuity of ownership

Legislative References:
ITAA 80A(1)

Case References:
Kolotex Hosiery (Australia) Pty Ltd v. FC of T
(1972-73) 130 CLR 64
73 ATC 4094
(1973) 4 ATR 24