Document ID: chunk:federal_register_of_legislation:C2025C00029:section:4:p4
Version: federal_register_of_legislation:C2025C00029
Segment Type: section
Provision Reference: s 4 (pt 4/95)
Character Range: 5556892–5559683

Note: Subsection 707‑140(1) treats the head company of a consolidated group as having made a loss in an income year in which a loss is transferred to the head company from an entity that joins the group.

415‑20  Designated infrastructure project entity

Designated infrastructure project entity
 (1) An entity is a designated infrastructure project entity at a time (the relevant time) if:
 (a) at the relevant time, the entity is a *fixed trust or a company; and
 (b) at or after the relevant time, the entity carries on a single *designated infrastructure project; and
 (c) the entity does not, at or before the relevant time, carry on any other designated infrastructure project; and
 (d) the only activities in which the entity engages at the relevant time, or engaged before the relevant time, are or were for the purposes of the entity carrying on the single designated infrastructure project.
 (2) For the purposes of this section:
 (a) an *enterprise that becomes a *designated infrastructure project at a time is treated as having been a designated infrastructure project at all earlier times; and
 (b) if the entity carries on (whether or not at the same time) one or more parts, but not the whole, of a single designated infrastructure project—the parts are treated as being a single designated infrastructure project; and
 (c) in any case—the following are treated as being a single designated infrastructure project:
 (i) a single designated infrastructure project (the listed infrastructure project) that is included on an Infrastructure Priority List;
 (ii) any designated infrastructure projects that the entity carries on (whether or not at the same time) and that are part of the listed infrastructure project; and
Note: For Infrastructure Priority Lists, see paragraph 5(b) of the Infrastructure Australia Act 2008.
 (d) in any case—any designated infrastructure projects that the entity carries on (whether or not at the same time) and that are part of a single infrastructure project that:
 (i) is included on an Infrastructure Priority List; and
 (ii) is not a designated infrastructure project;
  are treated as being a single designated infrastructure project.

Partnerships
 (3) Subsection (4) applies to an entity if:
 (a) the entity is a *fixed trust or a company; and
 (b) the person that is the trustee of the trust, or the person that is the company, is a partner in a partnership.
 (4) For the purposes of subsections (1) and (2), the entity:
 (a) is treated as carrying on any *designated infrastructure project carried on by the partnership; and
 (b) is treated as engaging in any activity engaged in by the partnership; and
 (c) if the partnership engages in an activity for the purpose of the partnership carrying on a designated infrastructure project—is