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Financial Corporations (Transfer of Assets and Liabilities) Act 1993
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Department of the Treasury
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C2006C00002
19 December 2005
-
13 September 2006
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Part 1—Preliminary
1 Short title [see Note 1]
2 Commencement [see Note 1]
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Part 2—General provisions
3 Interpretation
4 Eligible money market corporation
5 Transferring and receiving corporations
6 Object of Act
7 Application of Act
8 Extension of Act to external Territories
9 Transfer of asset etc. not to require consent etc. of third party
10 Exemption from taxes etc.
11 Compensation for acquisition of property
12 Delegation
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Part 3—Income tax relief for transfers
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Division 1—Preliminary
13 Object of Part
14 Part to be treated as if it were a provision of the income tax law
14A Modified operation of this Part in relation to transfers from subsidiary members of consolidated groups etc.
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Division 2—General relief
15 Asset transfers—general
16 Liability transfers—general
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Division 3—Securities
17 Securities—adjustment of cost base
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Division 4—Capital gains and capital losses
18 Additional roll-over relief
19 For the receiving corporation, asset has necessary connection with Australia
20 Transfer of net capital loss
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Division 5—Trading stock
21 Transfers of trading stock
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Division 6—Bad debts
22 Deductions for bad debts
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Division 7—Interest withholding tax
23 Exemption from interest withholding tax
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Division 8—Tax losses
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Subdivision A—Tax losses and the Income Tax Assessment Act 1936
24 Transfer of tax loss from transferring corporation to receiving corporation
25 Transfer of tax loss—modification of substantial continuity of ownership test
26 Deduction for tax loss—modification of substantial continuity of ownership test etc.
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Subdivision B—Tax losses and the Income Tax Assessment Act 1997
26A Application of this Subdivision
26B Transfer of tax loss from transferring corporation to receiving corporation
26C Deduction for tax loss—easing of restrictions on transferring corporation
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Division 9—Continuity of partnerships
27 Transfer of an interest in a partnership does not affect continuity of partnership
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Schedule 1—Tax losses and the Income Tax Assessment Act 1997
Subdivision 170-A—Transfer of tax losses from a transferring corporation to a receiving corporation
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Guide to Subdivision 170-A
170-1 What this Subdivision is about
170-5 Basic principles for transferring tax losses
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Effect of transferring a tax loss
170-10 When a corporation can transfer a tax loss
170-15 Income company is taken to have incurred transferred loss
170-20 Who can deduct transferred loss
170-23 When income company must maintain same owners and control
170-25 Tax treatment of consideration for transferred tax loss
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Conditions for transfer
170-28 Financial Corporations (Transfer of Assets and Liabilities) Act 1993 must apply to asset transfer from loss company to income company
170-32 The loss year
170-33 The transfer year
170-35 The loss company
170-50 Transfer by written agreement
170-55 Losses must be transferred in order they are incurred
170-60 Income company cannot transfer transferred tax loss
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Effect of agreement to transfer more than can be transferred
170-65 Agreement transfers as much as can be transferred
170-70 Amendment of assessments
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Special rules for transfer from head company of consolidated group or MEC group
170-75 Transfer of a tax loss incurred by the head company because of Subdivision 707-A
Schedule 2—Net capital losses and the Income Tax Assessment Act 1997
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Part 1—Replacement of sections 170-110 to 170-145
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Effect of transferring a net capital loss
170-110 When a corporation can transfer a net capital loss
170-115 Who can apply transferred loss
170-120 Gain company is taken to have made transferred loss
170-125 Tax treatment of consideration for transferred net capital loss
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Conditions for transfer
170-128 Financial Corporations (Transfer of Assets and Liabilities) Act 1993 must apply to asset transfer from loss company to gain company
170-132 The loss year
170-133 The transfer year
170-135 The loss company
170-140 The gain company
170-145 Maximum amount that can be transferred
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Part 2—Addition of provisions at the end of Subdivision 170-B
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Special rules for transfer from head company of consolidated group or MEC group
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170-175 Transfer of a net capital loss made by the head company because of Subdivision 707-A
Notes to the STYLEREF ShortT \* MERGEFORMAT Financial Corporations (Transfer of Assets and Liabilities) Act 1993