Commonwealth Consolidated Acts

INCOME TAX ASSESSMENT ACT 1997 - SECT 165.210

             (1)  A company satisfies the same business test if throughout the * same business test period it carries on the same * business as it carried on immediately before the * test time.

             (2)  However, the company does not satisfy the * same business test if, at any time during the * same business test period, it * derives assessable income from:

                     (a)  a * business of a kind that it did not carry on before the * test time; or

                     (b)  a transaction of a kind that it had not entered into in the course of its business operations before the * test time.

             (3)  The company also does not satisfy the * same business test if, before the * test time, it:

                     (a)  started to carry on a * business it had not previously carried on; or

                     (b)  in the course of its business operations, entered into a transaction of a kind that it had not previously entered into;

and did so for the purpose, or for purposes including the purpose, of being taken to have carried on throughout the * same business test period the same business as it carried on immediately before the test time.

             (4)  So far as the * same business test is applied for the purpose of Subdivision 165-B (which is about working out the taxable income and * tax loss for the income year of change of ownership or control), the company also does not satisfy the test if, at any time during the * same business test period, it incurs expenditure:

                     (a)  in carrying on a * business of a kind that it did not carry on before the * test time; or

                     (b)  as a result of a transaction of a kind that it had not entered into in the course of its business operations before the test time.