Document ID: chunk:federal_register_of_legislation:C2015C00124:clause:2_4:p4
Version: federal_register_of_legislation:C2015C00124
Segment Type: clause
Provision Reference: sch 2 cl 4 (pt 4/13)
Character Range: 49997–52792

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 treated as engaging in that activity for the purpose of the entity carrying on that designated infrastructure project.

Consolidated groups
 (5) For the purposes of working out whether the *head company of a *consolidated group was a *designated infrastructure project entity at a time (whether before or after the group consolidates), section 701‑5 (Entry history rule) is treated as not applying to the head company in relation to an entity that was not a *member of the consolidated group at that time.
 (6) For the purposes of working out whether an entity is a *designated infrastructure project entity at a time after the entity ceases to be a *subsidiary member of a *consolidated group, section 701‑40 (Exit history rule) is treated as not applying to the entity in relation to the group.

Change of ownership of trusts and companies

415‑25  Tax losses of trusts

Scope
 (1) This section applies to a *tax loss of a *trust if the trust is a *designated infrastructure project entity at a time (the status time) in the *loss year.

Modifications of Schedule 2F to the Income Tax Assessment Act 1936
 (2) Despite paragraph 266‑25(1)(b), 266‑30(a), 266‑75(1)(b) or (2)(b), 266‑80(1)(a) or (2)(a), 266‑110(1)(b), 266‑115(a), 266‑150(2)(a), 266‑155(2)(a), 267‑20(1)(b) or 267‑60(a) in Schedule 2F to the Income Tax Assessment Act 1936, for the purposes of sections 266‑40 and 266‑45, section 266‑90, subsections 266‑125(1) and (2), subsections 266‑165(1) and (2), sections 267‑40 and 267‑45 or sections 267‑70 and 267‑75 in that Schedule (whichever are applicable), the test period starts at the first time:
 (a) that occurs after the status time; and
 (b) at which the trust is not a *designated infrastructure project entity;
if, apart from this subsection, the test period would start earlier.
 (3) For the purposes of section 267‑30 in that Schedule, disregard any part of an income year during which the trust is a *designated infrastructure project entity.
 (4) For the purposes of working out, under subsection 268‑10(3), 268‑15(3) or 268‑20(3) in that Schedule, the end of the first period, disregard