Document ID: chunk:federal_register_of_legislation:C2025C00029:section:4:p8
Version: federal_register_of_legislation:C2025C00029
Segment Type: section
Provision Reference: s 4 (pt 8/95)
Character Range: 5567218–5570426

*ownership test period or *test period (whichever is applicable) if, apart from this subsection, the test time would occur earlier.
 (6) A reference in subsection 165‑129(1) to the *first continuity period is treated as being a reference to the period:
 (a) starting at the start of the *ownership test period; and
 (b) ending at the end of the income year in which the ownership test period starts.

Exception
 (7) Disregard this section for the purposes of Subdivision 175‑C (about tax benefits).

Consolidated groups

415‑45  Losses transferred to head companies of consolidated groups
  Subdivision 707‑C (Amount of transferred losses that can be utilised) does not apply to a loss transferred under Subdivision 707‑A (Transfer of previously unutilised losses to head company), if:
 (a) just before the transfer, the transferor of the loss was a *designated infrastructure project entity; and
 (b) just after the transfer, the transferee of the loss is a designated infrastructure project entity.

Subdivision 415‑C—Designating infrastructure projects

Guide to Subdivision 415‑C

415‑50  What this Subdivision is about

      To receive the special treatment for tax losses and bad debts under Subdivision 415‑B, an entity must only engage in activities for the purposes of carrying on an infrastructure project designated by the Infrastructure CEO under this Subdivision.
      Designation is dependent on:

                (a) criteria prescribed by the Minister; and
                (b) a cap on the total estimated private capital expenditure that would be incurred for all provisionally designated and designated infrastructure projects.

Table of sections

Designating infrastructure projects
415‑55 Applications for designation
415‑60 Dealing with applications
415‑65 Provisional designation
415‑70 Designation

Infrastructure project capital expenditure cap
415‑75 Infrastructure project capital expenditure cap
415‑80 Acceptance of estimates of infrastructure project capital expenditure

Miscellaneous
415‑85 Review of decisions
415‑90 Information to be made public
415‑95 Delegation
415‑100 Infrastructure project designation rules

Designating infrastructure projects

415‑55  Applications for designation
 (1) An entity may apply to the *Infrastructure CEO to have the Infrastructure CEO designate an *enterprise (the infrastructure project) that is a proposed investment in, or enhancement to, infrastructure as being an infrastructure project in relation to which Subdivision 415‑B applies.
Note: The Infrastructure CEO holds office under the Infrastructure Australia Act 2008.
 (2) The application must include an estimate of the *infrastructure project capital expenditure that would be incurred for the purpose of the infrastructure project.
 (3) Subsection (2) does not apply to *infrastructure project capital expenditure to the extent that the infrastructure project capital expenditure would be:
 (a) incurred by an *Australian government agency; or
 (b) funded by a grant from an Australian government agency.
 (4) The application must:
 (a) be in a form (if any) approved by the *Infrastructure CEO; and
 (b) be accompanied by the fee (if any) prescribed by the *infrastructure