Subdivision 820 - D applies to the * head company of a * MEC group as if it were an * outward investing entity (ADI) for a period that is all or part of an income year if:
(a) the head company is not an outward investing entity (ADI) for that period; and
(b) throughout that period, at least one * member of the group is both a * foreign controlled Australian entity and an * ADI; and
(c) throughout that period, there is at least one * eligible tier - 1 company of the * top company for the group that:
(i) is a member of the group; and
(ii) is not an ADI; and
(iii) has no * wholly - owned subsidiary that is an ADI.