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COMMONWEALTHAct
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s 701D-15

Choice to apply transitional rules to entity

In force
Chapter 3Specialist liability rules
Part 3-90Consolidated groups
Division 701DTransitional foreign loss makers
Subdivision 701D-BRules allowing transitional foreign loss makers to remain outside consolidated group

701D-15 Choice to apply transitional rules to entity

(1)

The head company of a consolidated group may make a choice in the approved form to apply section 701D‑10 to another entity.

(2)

However, the head company cannot make that choice if subsection 701D‑10(1) previously prevented the entity from being a subsidiary member of a consolidated group.

(3)

The choice must be made by the later of:

(a)

the day on which the head company must give the notice under section 703‑58 of the Income Tax Assessment Act 1997 (notice of choice to consolidate); and

(b)

30 days after the Taxation Laws Amendment Act (No. 1) 2004 received the Royal Assent.

(4)

The choice cannot be revoked.

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