Document ID: chunk:federal_register_of_legislation:C2010C00690:clause:1_6:p20
Version: federal_register_of_legislation:C2010C00690
Segment Type: clause
Provision Reference: sch 1 cl 6 (pt 20/26)
Character Range: 224717–227230

of the day cannot be amended.

Time at which choice must be given to Commissioner

 (3) If, as a result of a choice:
 (a) subsection 719‑75(1), (2) or (3) would apply to the *MEC group concerned in relation to the *income year of a company in which the specified day occurred; and
 (b) in a case where subsection 719‑75(1) or (2) applies—the company will be the *head company of the group as at the end of the income year; and
 (c) in a case where subsection 719‑75(3) applies—the company will be the *head company of the group immediately before the group ceased to exist;
notice of the choice must be given to the Commissioner:
 (d) if the company is required to give the Commissioner an *income tax return for the income year in which the specified day occurred—during the period:
 (i) beginning on the specified day; and
 (ii) ending on the day on which the company gives that return; or
 (e) if the company is not required to give the Commissioner an income tax return for the income year in which the specified day occurred—during the period:
 (i) beginning on the specified day; and
 (ii) ending at the end of the period within which the company would have been required to give an income tax return for that income year, if the company had been required to give an income tax return for that income year.

Company ceases to be an eligible tier‑1 company before choice is given to the Commissioner

 (4) If:
 (a) as a result of a choice:
 (i) subsection 719‑75(1), (2) or (3) would apply to the *MEC group concerned in relation to the *income year of a company in which the specified day occurred; and
 (ii) in a case where subsection 719‑75(1) or (2) applies—the company will be the *head company of the group as at the end of the income year; and
 (iii) in a case where subsection 719‑75(3) applies—the company will be the *head company of the group immediately before the group ceased to exist; and
 (b) another company (the other company) that was an eligible tier‑1 company at the start of the specified day ceased to exist at a time before the day on which notice of the choice was given to the Commissioner; and
 (c) having regard to all relevant circumstances, it would be reasonable to conclude that the other company would have been a party to the choice if the other company had continued to exist;
the other company is taken to have authorised the company that will be the head company as mentioned in subparagraph (a)(ii) or (iii):
 (d) to make the choice on behalf of the other company; and