Commonwealth Consolidated Acts

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Second choice: pool's loss denial balance applied in reducing adjustable values of leaving assets that are loss assets

             (1)  The second choice is to reduce under this section the * adjustable value of each leaving asset (a loss asset ) for which the * head company would have had a notional capital loss, or notional revenue loss, under section 165-115F at the time (the test time ) just before the leaving time if the test time had been a * changeover time for the head company. The choice has effect accordingly.

Note:          The consequences of the choice are worked out under this section and section 715-145.

             (2)  If:

                     (a)  2 or more entities cease to be * subsidiary members of the * consolidated group; and

                     (b)  2 or more of them make the second choice;

the choices have effect in the same order as the entities cease being subsidiary members. If 2 or more of the entities ceased at the same time, their choices have effect in whichever order the * head company determines.

             (3)  This section applies to each of the loss assets in order, according to their respective * adjustable values (apart from this section) at the test time: from largest to smallest. (If an asset has more than one such adjustable value, use the greater or greatest of them.)

             (4)  At the test time, the * adjustable value of the loss asset is reduced to the asset's * market value at that time.

             (5)  However, if the * loss denial balance (as reduced by any previous reductions under this section or section 715-160) of the * head company's * loss denial pool is less than the difference between:

                     (a)  the * adjustable value of the loss asset (apart from this section) at the test time; and

                     (b)  the asset's * market value at the test time;

the adjustable value is instead reduced at the test time by that loss denial balance.

             (6)  That * loss denial balance is reduced at the leaving time by the amount of the reduction under subsection (3) or (4). If 2 or more such reductions are made for the same asset (because it has 2 or more different characters), that loss denial balance is reduced by the greater or greatest of the reductions.

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