Document ID: chunk:federal_register_of_legislation:C2011C00549:clause:3_58j:p3
Version: federal_register_of_legislation:C2011C00549
Segment Type: clause
Provision Reference: sch 3 cl 58J (pt 3/4)
Character Range: 32556–35038

the head company of a designated company group; and
 (b) the person is not taken, under subsection (7), to have made an election under paragraph (1)(c) that is in effect for the year of tax; and
 (c) the person has not made an election under paragraph (1)(c) that:
 (i) relates to the year of tax; and
 (ii) under subsection (6), results in each other company that was in the designated company group immediately before the end of the year of tax being taken to have made an election under paragraph (1)(c); and
 (d) a company that was in the designated company group immediately before the end of the year of tax has made an election under paragraph (1)(c) in relation to the year of tax;
the election covered by paragraph (c) of this subsection is taken not to have been in effect for the year of tax.

Designated company group—deemed election under paragraph (1)(d) etc.

 (9) If:
 (a) a person has made an election under paragraph (1)(d) in relation to a year of tax; and
 (b) at the time when the person made the election, the person was the head company of a designated company group; and
 (c) immediately before the end of the year of tax, the person is the head company of a designated company group (the current designated company group);
then:
 (d) each other company that was in the current designated company group immediately before the end of the year of tax is taken to have made an election under paragraph (1)(d) in relation to the year of tax; and
 (e) an election covered by paragraph (d):
 (i) is taken to have been in effect for the year of tax; and
 (ii) supersedes any previous election made by the other company that was in effect for the year of tax.

 (10) If:
 (a) a person has made an election under paragraph (1)(d); and
 (b) at the time when the person made the election, the person was the head company of a designated company group; and
 (c) the election is in effect for a year of tax; and
 (d) during the year of tax, the person ceased to be the head company of the designated company group; and
 (e) immediately before the end of the year of tax, another company is the head company of the designated company group;
then:
 (f) the company covered by paragraph (e) of this subsection is taken to have made an election under paragraph (1)(d); and
 (g) an election covered by paragraph (f) of this subsection:
 (i) is taken to have been in effect for the year of tax; and
 (ii) supersedes any previous election made by the company that was in effect