The entity cannot * carry back an amount of a * tax loss for an income year unless the entity:
(a) was a * small business entity for the income year; or
(b) would have been a small business entity for the income year if:
(i) each reference in Subdivision 328 - C (about what is a small business entity) to $10 million were instead a reference to $5 billion; and
(ii) the reference in paragraph 328 - 110(5)(b) to a small business entity were instead a reference to an entity covered by this section.