Commonwealth Consolidated Acts

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The same people must control the voting power, or the company must satisfy the business continuity test

             (1)  Even if a company meets the conditions in section 165- 12 or 165- 13, it cannot deduct the * tax loss if:

                     (a)  for some or all of the part of the * ownership test period that started at the end of the * loss year, a person controlled, or was able to control, the voting power in the company (whether directly, or indirectly through one or more interposed entities); and

                     (b)  for some or all of the * loss year, that person did not control, and was not able to control, that voting power (directly, or indirectly in that way); and

                     (c)  that person began to control, or became able to control, that voting power (directly, or indirectly in that way) for the purpose of:

                              (i)  getting some benefit or advantage in relation to how this Act applies; or

                             (ii)  getting such a benefit or advantage for someone else;

                            or for purposes including that purpose.

Note:          A person can still control the voting power in a company that is in liquidation etc.: see section 165-250.

             (2)  However, that person's control of the voting power, or ability to control it, does not prevent the company from deducting the * tax loss if the company satisfies the * business continuity test for the income year (the business continuity test period ).

             (3)  Apply the * business continuity test to the * business that the company carried on immediately before the time (the test time ) when the person began to control that voting power, or became able to control it.

For the business continuity test: see Subdivision 165-E.

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