Commonwealth Consolidated Acts

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INCOME TAX ASSESSMENT ACT 1997 - SECT 701.58

Effect of setting the tax cost of an asset that the head company does not hold under the single entity rule

  (1)   This section applies if:

  (a)   the * tax cost of an asset was set at the time (the joining time ) an entity became a * subsidiary member of a * consolidated group, at the asset's * tax cost setting amount; and

  (b)   ignoring the operation of subsection   701 - 1(1) (the single entity rule), the entity held the asset at the joining time; and

  (c)   taking into account the operation of subsection   701 - 1(1) (the single entity rule), the * head company of the group did not hold the asset at the joining time.

Example:   A debt owed by a member of the group to the joining entity at the joining time.

  (2)   To avoid doubt, the asset's * tax cost setting amount mentioned in paragraph   (1)(a) is not to be taken into account in applying the provisions mentioned in subsections   701 - 55(2), (3) (3A),, (4), (5), (5A), (5C), (5D) and (6) in relation to the asset at and after the joining time.


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