Document ID: chunk:federal_register_of_legislation:C2025C00029:section:3:p7
Version: federal_register_of_legislation:C2025C00029
Segment Type: section
Provision Reference: s 3 (pt 7/79)
Character Range: 4847731–4850472

transferred to a receiving entity:
 (a) the transferring entity is taken not to have incurred the loss for that earlier income year; and
 (b) for the purposes of section 36‑15, an amount equal to the transferred amount is taken to be:
 (i) if the receiving entity is a *life insurance company—a *tax loss of the *complying superannuation class incurred by the receiving entity for the income year immediately prior to the transfer year; and
 (ii) otherwise—a tax loss incurred by the receiving entity for the income year immediately prior to the transfer year; and
 (c) for all other purposes of this Act, an amount equal to the transferred amount is taken to be:
 (i) if the receiving entity is a life insurance company—a tax loss of the complying superannuation class incurred by the receiving entity for the transfer year; and
 (ii) otherwise—a tax loss incurred by the receiving entity for the transfer year.
 (2) To the extent that a transfer year tax loss is transferred to a receiving entity:
 (a) if the transferring entity is a *life insurance company—the sum of the transferring entity's deductions covered by subsection 320‑137(4) (about complying superannuation assets) for the transfer year is reduced by an amount equal to the transferred amount; and
 (b) if the transferring entity is not a life insurance company—the sum of the transferring entity's deductions for the transfer year is reduced by an amount equal to the transferred amount; and
 (c) if the receiving entity is a life insurance company—an amount equal to the transferred amount is taken to be a *tax loss of the *complying superannuation class incurred by the receiving entity for the transfer year; and
 (d) if the receiving entity is not a life insurance company—an amount equal to the transferred amount is taken to be a tax loss incurred by the receiving entity for the transfer year.

Subdivision 310‑D—Choice for assets roll‑over

Table of sections
310‑45 Choosing the assets roll‑over
310‑50 Choosing the form of the assets roll‑over

310‑45  Choosing the assets roll‑over
 (1) An entity can choose a roll‑over under this Subdivision if:
 (a) the entity makes or could make a choice under Subdivision 310‑B (the losses choice) to transfer the losses of an entity (the transferring entity); and
 (b) the conditions in this section are satisfied for the *arrangement to which the losses choice relates.
 (2) The first condition is that, under the *arrangement, one or more *CGT events (the transfer events) happen in relation to the following assets (the original assets) of the transferring entity with the result that it ceases to own those assets:
 (a) for a losses choice under section 310‑10 (original funds)—all of its *CGT assets;
 (b) for a losses