Document ID: chunk:federal_register_of_legislation:C2024C00267:section:3:p8
Version: federal_register_of_legislation:C2024C00267
Segment Type: section
Provision Reference: s 3 (pt 8/31)
Character Range: 627358–629959

between the head company and a subsidiary member—case where an interposed entity is a foreign resident and the subsidiary member is a company
 (1) This section describes, for the purposes of item 2, column 4 of the table in subsection 703‑15(2) of the Income Tax Assessment Act 1997, a set of requirements that must be met for an entity (the test entity) to be a subsidiary member of a consolidated group or a consolidatable group at a particular time (the test time).
Note: This subsection applies in relation to a MEC group as if the reference to item 2, column 4 of the table in subsection 703‑15(2) of the Income Tax Assessment Act 1997 were a reference to subparagraph 719‑10(1)(b)(ii) of that Act (see subsection 719‑2(3) of this Act).

Test entity must be company
 (2) At the test time, the test entity must be a company.

At least one interposed entity must be a non‑resident company or non‑resident trust
 (3) At the test time, at least one of the interposed entities must be:
 (a) a company (a non‑resident company) that is a foreign resident; or
 (b) a trust (a non‑resident trust) that does not meet the requirements in any item of the table in section 703‑25 of the Income Tax Assessment Act 1997.

The interposed entities must all be of a particular kind
 (4) At the test time, each of the interposed entities must be:
 (a) a subsidiary member of the group; or
 (b) a non‑resident company; or
 (c) a non‑resident trust; or
 (d) 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
 (e) a partnership, each of the partners in which is a non‑resident company or a non‑resident trust.

Test entity must be a subsidiary member on assumption that non‑resident companies and non‑resident trusts were subsidiary members
 (5) At the test time, it must be the case that 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.

Additional requirement for consolidatable groups
 (6) If the group is a consolidatable group, the test time must be before 1 July 2004.

Additional requirement for consolidated groups at formation
 (7) If the group is a consolidated group and the test time is the time at which the group comes into existence as a consolidated group, the test time must be before 1 July 2004.

Additional requirement for consolidated groups after formation
 (8) If: