Document ID: chunk:federal_register_of_legislation:C2025C00180:clause:1_3:p5
Version: federal_register_of_legislation:C2025C00180
Segment Type: clause
Provision Reference: sch 1 cl 3 (pt 5/7)
Character Range: 929463–932117

the new provisional head company before the starting time;
just as if, at all times before the starting time:
 (c) the new provisional head company had been the former company; and
 (d) the former company had been the new provisional head company.
 (4) For the purposes of this section, the starting time is the time at which the *cessation event happened to the former company (the event that results in the appointment of the new provisional head company).
 (5) To avoid doubt, subsection (3) also covers everything that, immediately before the starting time, was taken to have happened in relation to the former company because of:
 (a) section 701‑1 of the Income Tax Assessment Act 1997 (single entity rule); or
 (b) section 701‑5 of that Act (entry history rule); or
 (c) section 703‑75 of that Act (effects of an interposed company becoming the *head company of a *consolidated group); or
 (d) section 719‑90 of that Act (effects of a change of head company of a *MEC group); or
 (e) section 45‑710 in this Schedule (single entity rule for the purposes of this Part), including an application of that section under this Subdivision; or
 (f) section 45‑740 in this Schedule (effects of an interposed company becoming the head company of a consolidated group for the purposes of this Part); or
 (g) this section; or
 (h) one or more previous applications of any of the provisions covered by paragraphs (a) to (g).
 (6) In addition, and without affecting subsection (3):
 (a) an assessment of the former company for an income year that ends before the income year that includes the starting time; or
 (b) an amendment of the assessment;
is taken to be something that had happened to the new provisional head company, whether or not the assessment or amendment is made before the starting time.
 (7) This section has effect for the purposes of applying this Part to members of the *MEC group in relation to an *instalment quarter of the new provisional head company that ends after the starting time.
Note: An assessment mentioned in subsection (6) may therefore be taken to be the base assessment of the new provisional head company for the purposes of this Part.
 (8) Subsections (1) to (7) are to be disregarded in applying section 45‑915 (about the application of Subdivision 45‑Q to a company as the *provisional head company of a *MEC group).
Note: For example, if the Commissioner has given an initial head company instalment rate to the former company during an earlier instalment quarter, the rate is not, despite this section, treated as if it had been given to the new provisional head company for the purposes of section 45‑915. Subject to