Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) For an entity (the test entity ) to be a * subsidiary member of a * consolidated group or * consolidatable group if there are one or more other entities interposed between the test entity and the * head company of the group, one of the sets of circumstances described in subsection (2), (3) or (4) must exist.
Subsidiary members or nominees interposed
(2) One set of circumstances is that each of the interposed entities either:
(a) is a * subsidiary member of the group; or
(b) holds * membership interests in:
(i) the test entity; or
(ii) a subsidiary member of the group interposed between the * head company of the group and the test entity;
only as a nominee of one or more entities each of which is a * member of the group.
Non‑resident interposed—test entity is a company
(3) Another set of circumstances is that:
(a) the test entity is a company; and
(b) at least one of the interposed entities is:
(i) a company (a non‑resident company ) that is a foreign resident; or
(ii) a trust (a non‑resident trust ) that does not meet the requirements in any item of the table in section 703‑25; and
(c) each of the interposed entities is:
(i) a * subsidiary member of the group; or
(ii) a non‑resident company; or
(iii) a non‑resident trust; or
(iv) an entity that holds * membership interests in an entity interposed between it and the test entity, or in the test entity, only as a nominee of one or more entities each of which is a * member of the group, a non‑resident company or a non‑resident trust; or
(v) a partnership, each of the partners in which is a non‑resident company or a non‑resident trust; and
(d) the test entity would be a subsidiary member of the group if each interposed entity that is a non‑resident company or non‑resident trust were a subsidiary member of the group.
Non‑resident interposed—test entity is a trust or partnership
(4) Another set of circumstances is that:
(a) the test entity is a trust or partnership; and
(b) one or more of the interposed entities are companies that are * subsidiary members of the group because the circumstances in subsection (3) exist; and
(c) the test entity would be a subsidiary member of the group if the * head company beneficially owned all the * membership interests beneficially owned by each company described in paragraph (b).