Document ID: chunk:federal_register_of_legislation:C2010C00605:clause:13_3:p1
Version: federal_register_of_legislation:C2010C00605
Segment Type: clause
Provision Reference: sch 13 cl 3 (pt 1/3)
Character Range: 182428–185188

3                                             Any other case                                                                                                                                                                                                                                            1 July 2003

 (2) The *top entity cannot make the choice if:
 (a) the cut‑off day is before 1 July 2003 and the income year starts on or after 1 July 2003; or
 (b) the cut‑off day is on or after 1 July 2003 and the income year starts on or after the cut‑off day.

Note: This means that the top entity can make the choice in a case covered by item 2 of the table in subsection (1) if the income year ends immediately before the one described in that item. In these circumstances neither of sections 820‑456 and 820‑457 will apply.

820‑456  Income year starts on or after cut‑off day but before 1 July 2003

 (1) This section applies if:
 (a) the cut‑off day is before 1 July 2003; and
 (b) the income year starts on or after the cut‑off day but before 1 July 2003; and
 (c) the top entity makes the choice referred to in section 820‑455.

 (2) This Subdivision (except sections 820‑455 to 820‑458) applies to each of the potential group members on the following basis:
 (a) the income year is treated as ending on 30 June 2003;
 (b) the *resident TC group is treated as consisting only of each (if any) of the potential group members that, at no time before 1 July 2003, was a *member of a *consolidated group or *MEC group.

 (3) For each of the potential group members, for each of the following periods:
 (a) the period beginning at the start of the income year and ending on 30 June 2003;
 (b) the rest (if any) of the income year;
this Division (except sections 820‑455 to 820‑458) is to have either:
 (c) a single application in relation to the whole of the period; or
 (d) 2 or more applications, each in relation to a part of that period.

Note: Subsection (3) is similar to section 820‑581, which sets out an example of how that section works.

820‑457  Income year includes, but does not start on, cut‑off day

 (1) This section applies if:
 (a) the income year includes, but does not start on, the cut‑off day; and
 (b) the top entity makes the choice referred to in section 820‑455.

 (2) This Subdivision (except sections 820‑455 to 820‑458) applies to each of the potential group members as if the income year ended immediately before the cut‑off day.

 (3) If the cut‑off day is before 1 July 2003, this Subdivision (except sections 820‑455 to 820‑458) has an additional application to each of the potential group members on the following basis:
 (a) the income year is treated as consisting of the period starting on the cut‑off day and ending on