2005

Tax Consolidation: an update on emerging issues

Source: New South Wales

Published Date: 22 Feb 2005

 
Although Australia's internationally path-breaking tax consolidation legislation commenced on 1 July 2002, tax consolidation is currently a moveable feast. It has taken until December 2004 to introduce the final instalment of the law. The Assistant Treasurer's media release of 20 December 2004 announced an extension of time until 31 December 2005 for some of the 'irrevocable' elections by consolidated groups to be revoked.

This will cause many groups that have already lodged a consolidated return to revisit past decisions in the light of more recent developments. For example, just how robust are the tax losses for which a group has created an available fraction using 'irrevocable' value donations?

Problems are starting to emerge when consolidated groups sell a subsidiary member. How robust are the exit calculations for the member? It may have an unsuspected deferred tax liability, causing double tax, or assets for which there is no tax cost!

Tax practitioners are having difficulty coping with the torrent of materials issuing from the ATO, which released numerous rulings and determinations in late 2004, and has only just formed working parties with the profession to consider losses, exit from a consolidated group and foreign-owned multiple entry consolidated groups.

This seminar provided an update on the impact of the recent legislative changes to consolidation and the impact of consolidation tax rulings and determinations.


Losses

Author(s): Andrew Woollard CTA

Issues on exiting from a consolidated group

Author(s): David Romans

Details

  • Published On:22 Feb 2005
  • Took place at:Dockside Function Centre, Darling Harbour

The material is copyright. Apart any fair dealing for the purpose of private study,

research critisism or review, as permitted under the copyright Act, no part may be rerpoduced by any process without written permission from The Tax Institute.

Unless expressly stated, opinions are not that of The Tax Institute, which accepts no responsibility for the accuracy of any of the information contained within it.

This material is copyright. Apart from any fair dealing for the purpose of private study., research, critisism or review, as permitted under teh copyright Act, no part may be reproduced by any process without written permission from The Tax Institute.

Unless expressly stated, opininons are not that of The Tax Institute, which accepts no responsibility for the accuracy of any of the information contained within it.

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