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NEW BUSINESS TAX SYSTEM (CONSOLIDATION) ACT (NO. 1) 2002 - SECT 703.40

Treating entities held through non-fixed trusts as wholly-owned subsidiaries

             (1)  This section operates to ensure that an entity (the test entity ) is not prevented from being a * subsidiary member of a * consolidated group or * consolidatable group just because there is a trust that is not a * fixed trust interposed between the test entity and the * head company of the group.

             (2)  This Part (except Division 719) operates as if the test entity were a * wholly‑owned subsidiary of the * head company if the test entity would have been a wholly‑owned subsidiary of the head company had the interposed trust been a * fixed trust and all its objects been beneficiaries.



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