‑1 What this Subdivision is about
A company can transfer a surplus amount of its tax loss to another company so that the other company can deduct the amount in the income year of the transfer. One of the companies must be an Australian branch of a foreign bank, and both companies must be members of the same wholly‑owned group. Table of sections 170‑5 Basic principles for transferring tax losses Effect of transferring a tax loss 170‑10 When a company can transfer a tax loss 170‑15 Income company is taken to have incurred transferred loss 170‑20 Who can deduct transferred loss 170‑25 Tax treatment of consideration for transferred tax loss Conditions for transfer 170‑30 Companies must be in existence and members of the same wholly‑owned group etc. 170‑32 Tax loss incurred by the loss company because of a transfer under Subdivision 707‑A 170‑33 Alternative test of relations between the loss company and other companies 170‑35 The loss company 170‑40 The income company 170‑42 If the income company has become the head company of a consolidated group or MEC group 170‑45 Maximum amount that can be transferred 170‑50 Transfer by written agreement 170‑55 Losses must be transferred in order they are incurred 170‑60 Income company cannot transfer transferred tax loss Effect of agreement to transfer more than can be transferred 170‑65 Agreement transfers as much as can be transferred 170‑70 Amendment of assessments Australian permanent establishments of foreign financial entities 170‑75 Treatment like Australian branches of foreign banks
Sourced from the Federal Register of Legislation at 25 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.
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