Document ID: chunk:federal_register_of_legislation:C2025C00029:section:7:p53
Version: federal_register_of_legislation:C2025C00029
Segment Type: section
Provision Reference: s 7 (pt 53/58)
Character Range: 2434026–2437013

transferring a net capital loss
Effect of transferring a net capital loss
170‑110 When a company can transfer a net capital loss
170‑115 Who can apply transferred loss
170‑120 Gain company is taken to have made transferred loss
170‑125 Tax treatment of consideration for transferred tax loss
Conditions for transfer
170‑130 Companies must be in existence and members of the same wholly‑owned group etc.
170‑132 Net capital loss made by the loss company because of a transfer under Subdivision 707‑A
170‑133 Alternative test of relations between the loss company and other companies
170‑135 The loss company
170‑140 The gain company
170‑142 If the gain company has become the head company of a consolidated group or MEC group
170‑145 Maximum amount that can be transferred
170‑150 Transfer by written agreement
170‑155 Losses must be transferred in order they are made
170‑160 Gain company cannot transfer transferred net capital loss
Effect of agreement to transfer more than can be transferred
170‑165 Agreement transfers as much as can be transferred
170‑170 Amendment of assessments
Australian permanent establishments of foreign financial entities
170‑174 Treatment like Australian branches of foreign banks
Subdivision 170‑C—Provisions applying to both transfers of tax losses and transfers of net capital losses within wholly‑owned groups of companies
Guide to Subdivision 170‑C
170‑201 What this Subdivision is about
Operative provisions
170‑205 Object of Subdivision
170‑210 Transfer of tax loss: direct and indirect interests in the loss company
170‑215 Transfer of tax loss: direct and indirect interests in the income company
170‑220 Transfer of net capital loss: direct and indirect interests in the loss company
170‑225 Transfer of net capital loss: direct and indirect interests in the gain company
Subdivision 170‑D—Transactions by a company that is a member of a linked group
Guide to Subdivision 170‑D
170‑250 What this Subdivision is about
Operative provisions
170‑255 Application of Subdivision
170‑260 Linked group
170‑265 Connected entity
170‑270 Immediate consequences for originating company
170‑275 Subsequent consequences for originating company
170‑280 What happens if certain events happen in respect of the asset
Division 175—Use of a company's tax losses or deductions to avoid income tax
Guide to Division 175
175‑1 What this Division is about
Subdivision 175‑A—Tax benefits from unused tax losses
175‑5 When Commissioner can disallow deduction for tax loss
175‑10 First case: income or capital gain injected into company because of available tax loss
175‑15 Second case: someone else obtains a tax benefit because of tax loss available to company
Subdivision 175‑B—Tax benefits from unused deductions
175‑20 Income or capital gain injected into company because of available deductions
175‑25 Deduction injected into company because of available income or capital gain
175‑30 Someone else obtains a tax benefit because of a deduction, income or capital gain