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INCOME TAX ASSESSMENT ACT 1997 - SECT 709.175

Head company is former exempting entity

  (1)   Subsection   (2) operates if:

  (a)   the * head company of a * consolidated group is a * former exempting entity; and

  (b)   a * corporate tax entity becomes a * subsidiary member of the group at a time (also the joining time ); and

  (c)   the entity is an * exempting entity at the joining time.

  (2)   These rules apply to the * consolidated group.

 

Rules applying to * consolidated group

Item

Rule

1

There is no change to the status of the * head company

2

If the subsidiary member's * franking account has a * franking surplus at the joining time:

(a) a debit equal to that surplus arises in that account at the joining time; and

(b) a credit equal to that surplus arises in the * exempting account of the * head company at the joining time

3

Subsection   709 - 60(2) (about franking surplus) does not apply to the * subsidiary member

Note 1:   If the subsidiary's franking account is in deficit, it will be liable for franking deficit tax: see subsection   709 - 60(3).

Note 2:   The subsidiary's franking account does not operate while it is a member of the group: see section   709 - 65.

  (3)   Subsection   (4) operates if:

  (a)   the * head company of a * consolidated group is a * former exempting entity; and

  (b)   a * corporate tax entity becomes a * subsidiary member of the group at a time (also the joining time ); and

  (c)   the entity is a * former exempting entity at the joining time.

  (4)   These rules apply to the * consolidated group.

 

Rules applying to * consolidated group

Item

Rule

1

There is no change to the status of the * head company

2

If the * subsidiary member's * exempting account has an * exempting surplus at the joining time:

(a) a debit equal to that surplus arises in that account at the joining time; and

(b) a credit equal to that surplus arises in the exempting account of the * head company at the joining time

3

If the * subsidiary member's * exempting account has an * exempting deficit at the joining time:

(a) a credit equal to that deficit arises in that account at the joining time; and

(b) a debit equal to that deficit arises in the subsidiary's * franking account just before the joining time

4

The * subsidiary member's * exempting account does not operate during the period:

(a) starting just after the joining time; and

(b) ending when the entity ceases to be a subsidiary member of the group

Note 1:   If the subsidiary's franking account is in deficit, it will be liable for franking deficit tax: see subsection   709 - 60(3). This deficit may be increased by item   3 in the table in subsection   (4).

Note 2:   The subsidiary's franking account does not operate while it is a member of the group: see section   709 - 65.

  (5)   There is no change to the status of the * head company of a * consolidated group if:

  (a)   the head company is a * former exempting entity; and

  (b)   a * corporate tax entity becomes a * subsidiary member of the group; and

  (c)   the entity is neither an * exempting entity nor a former exempting entity at the joining time.

Note 1:   If the subsidiary's franking account is in surplus, that surplus will be transferred to the head company's franking account: see subsection   709 - 60(2).

Note 2:   If the subsidiary's franking account is in deficit, it will be liable for franking deficit tax: see subsection   709 - 60(3).

Note 3:   The subsidiary's franking account does not operate while it is a member of the group: see section   709 - 65.



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