Commonwealth Consolidated Acts

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INCOME TAX ASSESSMENT ACT 1997 - SECT 715.250

If head company has had an alteration time but ownership and control of leaving entity have not altered since

  (1)   This section applies if:

  (a)   at least one * alteration time has occurred in relation to the * head company of the * consolidated group since the formation time and before the leaving time; and

  (b)   the leaving time is not an * alteration time for the leaving entity under subsection   715 - 245(2).

  (2)   The leaving time is an alteration time for the leaving entity.

  (3)   However, for the purposes of determining when the leaving entity's next * alteration time happens, the reference time under subsection   165 - 115L(2) or 165 - 115M(2) is the time just after the most recent alteration time for the * head company before the leaving time.

  (4)   The leaving entity is a loss company at the leaving time if, and only if, the * head company would have had an * adjusted unrealised loss at the most recent * alteration time (the head company alteration time ) for the head company before the leaving time if that adjusted unrealised loss (if any) were worked out on the basis that:

  (a)   the head company chooses whether the * individual asset method or the * global method is used; and

  (b)   a * CGT asset is taken into account only if:

  (i)   the head company owned it at the head company alteration time; and

  (ii)   it becomes a CGT asset of the leaving entity at the leaving time because subsection   701 - 1(1) (the single entity rule) ceases to apply to the entity; and

  (c)   if the individual asset method is used, then for the purposes of:

  (i)   step 1 of the method statement in subsection   165 - 115U(1); and

  (ii)   the method statement in subsection   165 - 115W(1);

    the head company had no earlier alteration time.

  (5)   If the leaving entity is a * loss company at the leaving time, its overall loss at that time is the * adjusted unrealised loss worked out under subsection   (4).



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