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NEW BUSINESS TAX SYSTEM (CONSOLIDATION) ACT (NO. 1) 2002 - SECT 703.30

When is one entity a wholly-owned subsidiary of another?

             (1)   One entity (the subsidiary entity ) is a wholly‑owned subsidiary of another entity (the holding entity ) if all the * membership interests in the subsidiary entity are beneficially owned by:

                     (a)  the holding entity; or

                     (b)  one or more wholly‑owned subsidiaries of the holding entity; or

                     (c)  the holding entity and one or more wholly‑owned subsidiaries of the holding entity.

             (2)  An entity (other than the subsidiary entity) is a wholly‑owned subsidiary of the holding entity if, and only if:

                     (a)  it is a wholly‑owned subsidiary of the holding entity; or

                     (b)  it is a wholly‑owned subsidiary of a wholly‑owned subsidiary of the holding entity;

because of any other application or applications of this section.

Note:          This Part also operates in some cases as if an entity were a wholly‑owned subsidiary of another entity, even though the entity is not covered by the definition in this section because of:

(a)           ownership of shares under certain arrangements for employee shareholding (see section 703‑35); or

(b)           interposed trusts that are not fixed trusts (see section 703‑40).



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