Commonwealth Numbered Acts

INCOME TAX ASSESSMENT ACT 1997 No. 38 of 1997 - SECT 165.210

(1) The 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.