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INCOME TAX ASSESSMENT ACT 1997 - SECT 709.155 Testing consolidated groups

INCOME TAX ASSESSMENT ACT 1997 - SECT 709.155

Testing consolidated groups

  (1)   To determine whether a * consolidated group is an * exempting entity or * former exempting entity, the tests in Division   208 are applied to the * head company of the group.

  (2)   However, there are some additional rules that can alter the way that Division   208 applies to a * consolidated group. These are set out in sections   709 - 160 to 709 - 175.

  (3)   In applying those rules to an entity that is a * member of a * consolidated group:

  (a)   Division   208 is to be applied before those rules; and

  (b)   that Division is to be applied just after the entity became a member of the group but, for a * subsidiary member, it is to be applied on the assumption that the subsidiary was not a member of the group at that time.

  (4)   Except as mentioned in paragraph   (3)(b), Division   208 has no application to a * subsidiary member of a * consolidated group.

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