Document ID: chunk:federal_register_of_legislation:C2025C00029:section:3:p21
Version: federal_register_of_legislation:C2025C00029
Segment Type: section
Provision Reference: s 3 (pt 21/29)
Character Range: 2895417–2898036

(i) the 2019‑20 income year (disregarding any period when the entity was not in existence); and
 (ii) the 2020‑21 income year; and
 (c) the entity cannot carry back an amount of a tax loss to the 2020‑21 income year unless the entity was a corporate tax entity throughout the 2020‑21 income year (disregarding any period when the entity was not in existence).
Note: The entity must be a corporate tax entity throughout 2021‑22: see paragraph 160‑5(b).
 (3) If the *current year is the 2022‑23 income year:
 (a) the entity cannot *carry back an amount of a *tax loss to the 2018‑19 income year unless the entity was a *corporate tax entity throughout:
 (i) the 2018‑19 income year (disregarding any period when the entity was not in existence); and
 (ii) the 2019‑20 income year; and
 (iii) the 2020‑21 income year; and
 (iv) the 2021‑22 income year; and
 (b) the entity cannot carry back an amount of a tax loss to the 2019‑20 income year unless the entity was a corporate tax entity throughout:
 (i) the 2019‑20 income year (disregarding any period when the entity was not in existence); and
 (ii) the 2020‑21 income year; and
 (iii) the 2021‑22 income year; and
 (c) the entity cannot carry back an amount of a tax loss to the 2020‑21 income year unless the entity was a corporate tax entity throughout:
 (i) the 2020‑21 income year (disregarding any period when the entity was not in existence); and
 (ii) the 2021‑22 income year; and
 (d) the entity cannot carry back an amount of a tax loss to the 2021‑22 income year unless the entity was a corporate tax entity throughout the 2021‑22 income year (disregarding any period when the entity was not in existence).
Note: The entity must be a corporate tax entity throughout 2022‑23: see paragraph 160‑5(b).

160‑30  Transferred tax losses, income tax liabilities etc. not included
 (1) The entity cannot *carry back an amount of a *tax loss for an income year, to the extent that the loss:
 (a) was transferred to or from the entity under Division 170 or Subdivision 707‑A (about certain company groups); or
 (b) exceeds the amount that would be the entity's tax loss for the year if section 36‑55 (about excess franking offsets) were disregarded.
 (2) For the purposes of this Division, disregard the *income tax liability of the entity for an income year to the extent that it consists of an income tax liability of a *subsidiary member of a *consolidated group or *MEC group that is taken to be an income tax liability of the entity because of section 701‑5 (the entry history rule).

160‑35  Integrity rule—no loss carry back tax offset if scheme entered into

No