Document ID: chunk:federal_register_of_legislation:C2025C00029:section:9:p18
Version: federal_register_of_legislation:C2025C00029
Segment Type: section
Provision Reference: s 9 (pt 18/19)
Character Range: 7071793–7074420

*tax loss; and
 (b) the disallowance year were the *loss year; and
 (c) the following provisions were disregarded:
 (i) subsection 165‑115B(3);
 (ii) subsection 165‑115BA(5);
 (iii) section 415‑35;
Divisions 165, 166 and 167 would not prevent the company from deducting the entire amount of that tax loss in the deduction year.

Rules for trusts
 (5) This subsection applies if, assuming that:
 (a) the *FRT disallowed amount were a tax loss (within the meaning of Schedule 2F to the Income Tax Assessment Act 1936); and
 (b) the disallowance year were a loss year (within the meaning of that Schedule);
that Schedule would not prevent the entity from deducting the entire amount of that tax loss in the deduction year.

820‑60  Excess tax EBITDA amount

Scope
 (1) This section applies to an entity (the controlling entity) if:
 (a) the controlling entity is, for a period that is all or part of an income year, one of the following entities:
 (i) a company that is an *Australian entity;
 (ii) a unit trust that is a *resident trust for CGT purposes;
 (iii) a *managed investment trust;
 (iv) a partnership that is an Australian entity; and
 (b) the controlling entity is a *general class investor for all or part of the income year; and
 (c) the controlling entity has not made a choice under subsection 820‑46(3) or (4) in relation to the income year; and
 (d) one or more other entities (each of which is a controlled entity) satisfy the conditions in subsection (2) of this section in relation to the controlling entity for the income year.
 (2) An entity (the test entity) satisfies the conditions in this subsection in relation to the controlling entity for an income year if:
 (a) the controlling entity has a *TC direct control interest of 50% or more in the test entity at any time during the income year; and
 (b) the test entity is, for a period that is all or part of the income year, one of the following entities:
 (i) a company that is an *Australian entity;
 (ii) a unit trust that is a *resident trust for CGT purposes;
 (iii) a *managed investment trust;
 (iv) a partnership that is an Australian entity; and
 (c) the test entity is a *general class investor for all or part of the income year; and
 (d) the test entity has not made a choice under subsection 820‑46(3) or (4) in relation to the income year.

Excess tax EBITDA amount
 (3) The controlling entity's excess tax EBITDA amount for the income year is the amount worked out using the following method statement.

      Method statement
           Step 1. For each controlled entity, work out the amount (if any) by which the *fixed ratio earnings