Document ID: chunk:federal_register_of_legislation:C2010C00604:clause:13_1:p4
Version: federal_register_of_legislation:C2010C00604
Segment Type: clause
Provision Reference: sch 13 cl 1 (pt 4/10)
Character Range: 230684–234357

2 of the relevant item of the table if the focal company made the loss because of a *COT transfer to the focal company.

Test company for the focal company
                                    Column 1                                                      Column 2
                                    If:                                                           The test company for the focal company is:
  1                                 The focal company and the transferor are the same company     The focal company
  2                                 The focal company and the transferor are different companies  The company that is the test company for the transferor

Loss transferred because same business test satisfied

 (3) The test company for the focal company is the company described in column 2 of the relevant item of the table if the focal company made the loss because the loss was transferred under Subdivision 707‑A to the focal company from a company because it satisfied the *same business test for:
 (a) the *same business test period; and
 (b) the *test time specified in Division 165 or 166 or section 707‑125.

Test company for the focal company
                                    Column 1                                                                                 Column 2
                                    If:                                                                                      The test company for the focal company is:
  1                                 The focal company was the *head company of a *MEC group at the time of the transfer      The company that was the *top company for the MEC group at the time of the transfer
  2                                 The focal company was not the *head company of a *MEC group at the time of the transfer  The focal company

Loss not transferred from a company

 (4) The test company for the focal company is the company described in column 2 of the relevant item of the table if the focal company made the loss apart from a transfer of the loss under Subdivision 707‑A from a company.

Test company for the focal company
                                    Column 1                                                                                                                                                                          Column 2
                                    If:                                                                                                                                                                               The test company for the focal company is:
  1                                 The focal company made the loss apart from Subdivision 707‑A and was the *head company of a *MEC group at the start of the income year for which it made the loss                 The company that was the *top company for the MEC group at the start of the income year
  2                                 The focal company made the loss because it was transferred under Subdivision 707‑A to the focal company as the *head company of a *MEC group from an entity other than a company  The company that was the *top company for the MEC group at the time of the transfer
  3                                 Neither item 1 nor item 2 applies                                                                                                                                                 The focal company

Relationship between subsections (2), (3) and (4)

 (5) Subsection (2) or (3), and not subsection (4), is relevant for identifying the test company for the focal company if the focal company made the loss apart from a transfer under