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INCOME TAX (TRANSITIONAL PROVISIONS) ACT 1997 - SECT 701.40

When entity leaves transitional group, head company may choose, for purposes of transitional group's allocable cost amount, to increase terminating values of over - depreciated assets

  (1)   This section applies if an entity ceases to be a subsidiary member of the transitional group and the requirements of subsections   (2) to (4) are satisfied.

Asset held at leaving time

  (2)   Just before the entity ceases to be a subsidiary member, it must, disregarding subsection   701 - 1(1) (the single entity rule) of the Income Tax Assessment Act 1997 , hold an asset.

Reduction of asset's tax cost setting amount for over - depreciation

  (3)   When the transitional group came into existence:

  (a)   the asset must have become that of the head company of the transitional group because subsection   701 - 1(1) of that Act applied in relation to a transitional entity; and

  (b)   former section   705 - 50 of that Act must have reduced by an amount (the reduction amount ) the tax cost setting amount for the asset.

Asset held continuously within group

  (4)   The asset must, disregarding subsection   701 - 1(1) of that Act, have been held at all times by the head company or a subsidiary member of the transitional group from when the transitional group came into existence until the entity ceases to be a subsidiary member of the transitional group.

Head company's choice

  (6)   If this section applies, the head company may, in relation to the entity's ceasing to be a subsidiary member, choose that the terminating value for the asset, that is to be used in applying step 1 of the table in section   711 - 20 of the Income Tax Assessment Act 1997 , is increased by so much of the reduction amount as the head company chooses.



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