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COMMONWEALTHAct
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s 701C-20

Transitional foreign‑held subsidiaries and transitional foreign‑held indirect subsidiaries

In force
Chapter 3Specialist liability rules
Part 3-90Consolidated groups
Division 701CModified application etc. of provisions of Income Tax Assessment Act 1997: transitional foreign‑held membership structures
Subdivision 701C-BMembership rules allowing foreign holding

701C-20 Transitional foreign‑held subsidiaries and transitional foreign‑held indirect subsidiaries

If:

(a)

an entity is a subsidiary member of a consolidated group in a case where the set of requirements described in section 701C‑10 are met; and

(b)

one or more of the membership interests in the entity are held by:

(i)

a non‑resident company; or

(ii)

a non‑resident trust; or

(iii)

an entity that holds the membership interests only as a nominee of one or more entities each of which is a non‑resident company or a non‑resident trust; or

(iv)

a partnership, each of the partners in which is a non‑resident company or a non‑resident trust;

then:

(c)

the entity is a transitional foreign‑held subsidiary of the group; and

(d)

if:

(i)

the transitional foreign‑held subsidiary; or

(ii)

an entity that is a transitional foreign‑held indirect subsidiary of the group because of another application of this paragraph;

holds one or more membership interests in another entity that:

(iii)

is a subsidiary member of the group; and

(iv)

is not a transitional foreign‑held subsidiary of the group;

that other member is a transitional foreign‑held indirect subsidiary of the group.

Note:

In order to be a subsidiary member of the group as required by subparagraph (d)(iii), the transitional foreign‑held indirect subsidiary would need to have satisfied the set of requirements in either section 701C‑10 or 701C‑15

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