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INCOME TAX (TRANSITIONAL PROVISIONS) ACT 1997 - SECT 701.1

Transitional group and transitional entity

Group formed on 1   July 2002

  (1)   If a consolidated group came into existence on 1   July 2002:

  (a)   the group is a transitional group ; and

  (b)   each entity that became a subsidiary member of the group on the day it came into existence is a transitional entity .

Group formed after 1   July 2002 but before 1   July 2003

  (2)   If a consolidated group came into existence after 1   July 2002 but before 1   July 2003:

  (a)   the group is a transitional group if at least one entity that became a subsidiary member of the group on the day the group came into existence is a transitional entity ; and

  (b)   an entity is a transitional entity if:

  (i)   at no time after 1   July 2002 and before the group came into existence was the entity a wholly - owned subsidiary of the entity (the future head company ) that became the head company of the group; or

  (ii)   at some time during that period, the entity was a wholly - owned subsidiary of the future head company and it remained such from the earliest time after 1   July 2002 when it was a wholly - owned subsidiary of the future head company until the group came into existence.

Group formed during financial year starting on 1   July 2003

  (3)   If a consolidated group came into existence during the financial year starting on 1   July 2003:

  (a)   the group is a transitional group if at least one entity that became a subsidiary member of the group on the day the group came into existence is a transitional entity; and

  (b)   an entity is a transitional entity if:

  (i)   just before 1   July 2003, it was a wholly - owned subsidiary of the future head company; and

  (ii)   it remained such from the earliest time after 1   July 2002 when it was a wholly - owned subsidiary of the future head company until the group came into existence.



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