Document ID: chunk:federal_register_of_legislation:C2025C00029:section:1:p4
Version: federal_register_of_legislation:C2025C00029
Segment Type: section
Provision Reference: s 1 (pt 4/8)
Character Range: 3177710–3180400

Operative provisions
167‑80 When this Subdivision applies
167‑85 Different method for working out voting power
167‑90 Dual listed companies

Operative provisions

167‑80  When this Subdivision applies
 (1) For the purposes of this Part, voting power in a company at one or more times can be worked out under section 167‑85 if:
 (a) the company's *shares do not all, at those times, carry the same voting rights for all matters affecting the company; or
 (b) the company's shares do not carry all of the voting rights in the company;
whether this is because of the company's *constitution, an *arrangement or some other reason.
Note: Disregard dual listed company voting shares (see section 167‑90).
 (2) Further, if those times are consecutive times during a period, the voting power in the company can be worked out under section 167‑85 as if that period consists only of:
 (a) the time that period starts; and
 (b) each later time (if any) during that period when there is a change in the maximum number of votes any entity could cast on a poll described in paragraph 167‑85(1)(a) or (b).

167‑85  Different method for working out voting power
 (1) An entity may choose whether voting power in the company at a particular time is worked out solely by reference to:
 (a) the maximum number of votes that could be cast on a poll on the election of a director of the company, if such a poll were to be held at that time; or
 (b) the maximum number of votes that could be cast on a poll on an amendment to the company's *constitution, other than an amendment altering:
 (i) the rights carried by any of the company's *shares; or
 (ii) other forms of voting power in the company;
  if such a poll were to be held at that time.
 (2) The way the entity prepares its *income tax return is sufficient evidence of it making a choice under subsection (1).

167‑90  Dual listed companies
  For the purposes of this Subdivision, disregard *shares that are *dual listed company voting shares.

Division 170—Treatment of certain company groups for income tax purposes

Table of Subdivisions
170‑A Transfer of tax losses within certain wholly‑owned groups of companies
170‑B Transfer of net capital losses within certain wholly‑owned groups of companies
170‑C Provisions applying to both transfers of tax losses and transfers of net capital losses within wholly‑owned groups of companies
170‑D Transactions by a company that is a member of a linked group

Subdivision 170‑A—Transfer of tax losses within certain wholly‑owned groups of companies

Guide to Subdivision 170‑A

170‑1  What this Subdivision is about
      A company can transfer a surplus amount of its tax loss to another company so that the