Document ID: chunk:federal_register_of_legislation:C2025C00029:section:2:p26
Version: federal_register_of_legislation:C2025C00029
Segment Type: section
Provision Reference: s 2 (pt 26/66)
Character Range: 6391476–6394092

before choice is given to the Commissioner
 (4) If:
 (a) as a result of a choice:
 (i) subsection 719‑75(1), (2) or (3) would apply to the *MEC group concerned in relation to the *income year of a company in which the specified day occurred; and
 (ii) in a case where subsection 719‑75(1) or (2) applies—the company will be the *head company of the group as at the end of the income year; and
 (iii) in a case where subsection 719‑75(3) applies—the company will be the *head company of the group immediately before the group ceased to exist; and
 (b) another company (the other company) that was an eligible tier‑1 company at the start of the specified day ceased to exist at a time before:
 (i) the day on which the company mentioned in paragraph (a) gives the Commissioner its *income tax return for the income year during which the day specified in the choice occurs; or
 (ii) the last day in the period within which the company mentioned in paragraph (a) would be required to give the Commissioner such a return if it were required to give the Commissioner such a return; and
 (c) having regard to all relevant circumstances, it would be reasonable to conclude that the other company would have been a party to the choice if the other company had continued to exist;
the other company is taken to have authorised the company that will be the head company as mentioned in subparagraph (a)(ii) or (iii):
 (d) to make the choice on behalf of the other company; and
 (e) to do, on behalf of the other company, anything else under:
 (i) subsection (1) of this section; or
 (ii) subsection 719‑60(1) or (3).

719‑55  When choice starts to have effect
  A choice under section 719‑50 is taken to have started to have effect on the day specified in the choice.

Provisional head company

719‑60  Appointment of provisional head company

Appointment on formation of group—choice
 (1) If companies make a choice under section 719‑50, the choice must include an appointment, made jointly by the companies, of one of those companies to be the provisional head company of the *MEC group concerned. The appointment comes, or is taken to have come, into force at the time when the choice starts or started to have effect.

Appointment on formation of group—special conversion event
 (2) If a *special conversion event happens to a *potential MEC group, the *eligible tier‑1 companies that were the members of the MEC group that resulted from the event are taken to have appointed the company mentioned in paragraph 719‑40(1)(b) as the provisional head company of the *MEC group. The appointment is taken to have come into force