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NEW BUSINESS TAX SYSTEM (CONSOLIDATION, VALUE SHIFTING, DEMERGERS AND OTHER MEASURES) ACT 2002 - NOTES

No. 90, 2002 as amended

Compilation start date:   29 June 2010

Includes amendments up to: Act No 110, 2014

 

About this compilation

This compilation

This is a compilation of the New Business Tax System (Consolidation, Value Shifting, Demergers and Other Measures) Act 2002 as in force on 29 June 2010. It includes any commenced amendment affecting the legislation to that date.

This compilation was prepared on 23 October 2014.

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of each amended provision.

Uncommenced amendments

The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in the endnotes.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If a provision of the compiled law is affected by a modification that is in force, details are included in the endnotes.

Provisions ceasing to have effect

If a provision of the compiled law has expired or otherwise ceased to have effect in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

1 Short title

2 Commencement

3 Schedule(s)

Schedule 1--Consolidation: membership rules

Income Tax Assessment Act 1997

Schedule 2--Consolidation: miscellaneous changes to asset cost provisions

Income Tax Assessment Act 1997

Schedule 3--Consolidation: new Subdivision 705-B (tax cost setting amount on group formation)

Income Tax Assessment Act 1997

Schedule 4--Consolidation: reset cost base assets held on revenue account

Income Tax Assessment Act 1997

Schedule 5--Consolidation: imputation

Income Tax Assessment Act 1997

Schedule 6--Consolidation: international tax

Income Tax Assessment Act 1997

Schedule 7--Consolidation: application and transitional asset cost provisions

Income Tax (Transitional Provisions) Act 1997

Schedule 8--Consolidation: amendment of transitional provisions for losses

Income Tax (Transitional Provisions) Act 1997

Schedule 9--Consolidation: transitional provisions for international tax

Income Tax (Transitional Provisions) Act 1997

Schedule 10--Consolidation: consequential provisions for international tax

Income Tax Assessment Act 1936

Schedule 11--Consolidation: amendment of transitional provision about limiting access to group concessions

New Business Tax System (Consolidation) Act (No. 1) 2002

Schedule 12--Consolidation: amendments of Dictionary

Income Tax Assessment Act 1997

Schedule 13--Exempting entities and former exempting entities

Income Tax Assessment Act 1997

Schedule 14--Loss integrity rules: global method of valuing assets

Part 1--Income Tax Assessment Act 1997

Part 2--Income Tax (Transitional Provisions) Act 1997

Part 3--Dictionary amendments

Income Tax Assessment Act 1997

Part 4--Application of amendments

Schedule 15--Value shifting

Part 1--New Divisions inserted in the Income Tax Assessment Act 1997

Part 2--Amendment of the Income Tax (Transitional Provisions) Act 1997

Part 3--Consequential amendment of the Income Tax Assessment Act 1997

Division 1--Amendments

Division 2--Saving and transitional provisions

Part 4--Consequential amendment of the Income Tax Assessment Act 1936

Part 5--Dictionary amendments

Income Tax Assessment Act 1997

Schedule 16--Demerger relief

Part 1--CGT relief

Income Tax Assessment Act 1997

Part 2--Dividend relief

Income Tax Assessment Act 1936

Part 3--Consequential amendments

Income Tax Assessment Act 1997

Part 4--Transitional

Part 5--Application

Endnotes

Endnote 1--About the endnotes

Endnote 2--Abbreviation key

Endnote 3--Legislation history

Endnote 4--Amendment history

Endnote 5--Uncommenced amendments [none]

Endnote 6--Modifications [none]

Endnote 7--Misdescribed amendments [none]

Endnote 8--Miscellaneous [none]

Endnotes

Endnote 1--About the endnotes

The endnotes provide details of the history of this legislation and its provisions. The following endnotes are included in each compilation:

 

Endnote 1--About the endnotes

Endnote 2--Abbreviation key

Endnote 3--Legislation history

Endnote 4--Amendment history

Endnote 5--Uncommenced amendments

Endnote 6--Modifications

Endnote 7--Misdescribed amendments

Endnote 8--Miscellaneous

 

If there is no information under a particular endnote, the word "none" will appear in square brackets after the endnote heading.

 

Abbreviation key--Endnote 2

The abbreviation key in this endnote sets out abbreviations that may be used in the endnotes.

 

Legislation history and amendment history--Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

 

The legislation history in endnote 3 provides information about each law that has amended the compiled law. The information includes commencement information for amending laws and details of application, saving or transitional provisions that are not included in this compilation.

 

The amendment history in endnote 4 provides information about amendments at the provision level. It also includes information about any provisions that have expired or otherwise ceased to have effect in accordance with a provision of the compiled law.

 

Uncommenced amendments--Endnote 5

The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in endnote 5.

 

Modifications--Endnote 6

If the compiled law is affected by a modification that is in force, details of the modification are included in endnote 6.

 

Misdescribed amendments--Endnote 7

An amendment is a misdescribed amendment if the effect of the amendment cannot be incorporated into the text of the compilation. Any misdescribed amendment is included in endnote 7.

 

Miscellaneous--Endnote 8

Endnote 8 includes any additional information that may be helpful for a reader of the compilation.

 

Endnote 2--Abbreviation key

 

ad = added or inserted

pres = present

am = amended

prev = previous

c = clause(s)

(prev) = previously

Ch = Chapter(s)

Pt = Part(s)

def = definition(s)

r = regulation(s)/rule(s)

Dict = Dictionary

Reg = Regulation/Regulations

disallowed = disallowed by Parliament

reloc = relocated

Div = Division(s)

renum = renumbered

exp = expired or ceased to have effect

rep = repealed

hdg = heading(s)

rs = repealed and substituted

LI = Legislative Instrument

s = section(s)

LIA = Legislative Instruments Act 2003

Sch = Schedule(s)

mod = modified/modification

Sdiv = Subdivision(s)

No = Number(s)

SLI = Select Legislative Instrument

o = order(s)

SR = Statutory Rules

Ord = Ordinance

Sub-Ch = Sub-Chapter(s)

orig = original

SubPt = Subpart(s)

par = paragraph(s)/subparagraph(s)
/sub-subparagraph(s)

 

 

Endnote 3--Legislation history

 

Act

Number and year

Assent

Commencement

Application, saving and transitional provisions

New Business Tax System (Consolidation, Value Shifting, Demergers and Other Measures) Act 2002

90, 2002

24 Oct 2002

See s. 2(1)

 

New Business Tax System (Consolidation and Other Measures) Act (No. 1) 2002

117, 2002

2 Dec 2002

Schedule 15 (items 2-4): (a)

--

New Business Tax System (Consolidation and Other Measures) Act 2003

16, 2003

11 Apr 2003

Schedule 18: (b)

--

Taxation Laws Amendment Act (No. 6) 2003

67, 2003

30 June 2003

Schedule 8: Royal Assent

Sch. 8 (item 3)

Tax Laws Amendment (2010 Measures No. 2) Act 2010

75, 2010

28 June 2010

Schedule 6 (item 15): 29 June 2010

--

Tax and Superannuation Laws Amendment (2014 Measures No. 4) Act 2014

110, 2014

16 Oct 2014

Sch 5 (items 141, 142): 29 June 2002 (s 2(1) item 8)
Sch 5 (item 143): 24 Oct 2002 (s 2(1) item 9)

--

 

(a) Subsection 2(1) (item 9) of the New Business Tax System (Consolidation and Other Measures) Act (No. 1) 2002 provides as follows:

 (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.

 

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

9.  Schedules 6 to 15

Immediately after the commencement of Schedule 1 to the New Business Tax System (Consolidation, Value Shifting, Demergers and Other Measures) Act 2002

24 October 2002

(b) Subsection 2(1) (item 10) of the New Business Tax System (Consolidation and Other Measures) Act 2003 provides as follows:

 (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.

 

Provision(s)

Commencement

Date/Details

10.  Schedules 15 to 18

Immediately after the commencement of Schedule 1 to the New Business Tax System (Consolidation and Other Measures) Act (No. 1) 2002

24 October 2002

Endnote 4--Amendment history

 

Provision affected

How affected

s. 4.....................

rep. No. 75, 2010

Schedule 10

 

Note to item 2.............

ad. No. 117, 2002

Note to item 3.............

ad. No. 117, 2002

Items 5-10................

ad. No. 117, 2002

Item 11..................

ad. No. 16, 2003

Sch 13

 

hdg to item 34.............

rs No 110, 2014

Item 34..................

am No 110, 2014

Schedule 15

 

Items 1, 2................

am. No. 67, 2003

hdg to item 19.............

rs No 110, 2014

 

Endnote 5--Uncommenced amendments [none]

Endnote 6--Modifications [none]

Endnote 7--Misdescribed amendments [none]

Endnote 8--Miscellaneous [none]

 


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