Document ID: chunk:federal_register_of_legislation:C2010C00605:clause:13_3:p6
Version: federal_register_of_legislation:C2010C00605
Segment Type: clause
Provision Reference: sch 13 cl 3 (pt 6/9)
Character Range: 212781–215468

to the *head company or single company, or to the *foreign bank, in relation to a period (the test period) that:
 (a) is all or part of an income year of that entity; and
 (b) overlaps the grouping period;
this Division (except this section) is to have separate applications to that entity as follows:
 (c) a single application in relation to the period of overlap; and
 (d) a single application in relation to the part (if any) of the test period that is before the period of overlap; and
 (e) a single application in relation to the part (if any) of the test period that is after the period of overlap.

820‑609  Effect on classification of head company or single company

Classification as outward investing entity (ADI)

 (1) The *head company or single company is an outward investing entity (ADI) for a period that is all or part of the grouping period, except:
 (a) in the case of a choice under section 820‑597—a period for which subsection (2) of this section applies Subdivision 820‑D to the head company as if it were an *outward investing entity (ADI); and
 (b) in any case—a period for which the head company or single company is an *inward investing entity (ADI) because of subsection (3) of this section.

Foreign controlled groups treated as outward investing entity (ADI)

 (2) Subdivision 820‑D applies to the *head company as if it were an *outward investing entity (ADI) for a period (the test period) that is all or part of the grouping period if, apart from this Subdivision:
 (a) the head company would satisfy subsection 820‑585(2) for the test period (triggering the exemption in section 820‑585); or
 (b) section 820‑587 would apply Subdivision 820‑D to the head company as if it were an *outward investing entity (ADI) for the test period.

Note: If paragraph (2)(a) is satisfied, the exemption in section 820‑585 does not apply to the test period: see subsection (4) of this section.

Classification as inward investing entity (ADI)

 (3) If, apart from this Subdivision, the *head company or single company would be an *inward investment vehicle (general), or an *inward investment vehicle (financial), for a period (the test period) that is all or part of the grouping period, the head company or single company is an inward investing entity (ADI) for the test period.

Section overrides other classification provisions

 (4) This section has effect despite any other provision of this Division.

820‑611  Values to be based on what would be in consolidated accounts for group

 (1) For the purposes of this Division as applying because of this Subdivision, the value or amount of a particular matter as at a particular time during the grouping period