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INCOME TAX (TRANSITIONAL PROVISIONS) ACT 1997 - SECT 705.310

Adjustable value of head company's notional assets

Application

             (1)  If:

                     (a)  section 40-35, 40-37, 40-40 or 40-43 of this Act treats the head company of the consolidated group as holding a notional asset at the joining time because expenditure is taken under section 701-5 (Entry history rule) of the Income Tax Assessment Act 1997 to be expenditure of the head company; and

                     (b)  section 40-35, 40-37, 40-40 or 40-43 of this Act treated the joining entity as holding a notional asset just before the joining time because of the expenditure;

this section affects the adjustable value of the head company's notional asset.

Object

             (2)  The object of this section is to ensure, by reducing the adjustable value of a notional asset of the head company, that the head company cannot get both:

                     (a)  a deduction for the notional asset reflecting the amount of the expenditure relating to depreciating assets; and

                     (b)  a deduction for that amount because of the decline in value of those depreciating assets.

Reduction at joining time for expenditure on depreciating assets

             (3)  The opening adjustable value of the head company's notional asset for the income year that includes the joining time is so much of the adjustable value of the joining entity's notional asset just before the joining time as does not reasonably relate to any depreciating asset.

Note:          This offsets the increases in adjustable value of the head company's depreciating assets under subsection 705-305(3).

Table of Subdivisions

707-A   Transfer of losses to head company

707-C    Amount of transferred losses that can be utilised

707-D   Special rules about losses

Table of sections

707-145    Certain choices to cancel the transfer of a loss may be revoked



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