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INCOME TAX (TRANSITIONAL PROVISIONS) ACT 1997 - SECT 701C.40

Cost setting rules for exit cases--modification of core rules

    Section   701 - 15 of the Income Tax Assessment Act 1997 applies as if the following subsection were added at the end of the section:

Application to transitional foreign - held subsidiaries

  (4)   If an entity that ceases to be a subsidiary member is a transitional foreign - held subsidiary when it does so:

  (a)   this section applies to each membership interest in the transitional foreign - held subsidiary that is held by an entity (an eligible non - resident ) of a kind mentioned in subparagraph   701C - 20(b)(i), (ii), (iii) or (iv) of the Income Tax (Transitional Provisions) Act 1997 in the same way as it applies to a membership interest in the transitional foreign - held subsidiary that is held by the head company; and

  (b)   for that purpose, the definition of head company core purposes in subsection   701 - 1(2) of the Income Tax Assessment Act 1997 applies to the eligible non - resident in the same way as it applies to the head company.



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