03 May 077 2 Consolidation determinations - TDs 2007/12-13On 2 May 2007, the ATO issued the following 2 final Taxation Determinations dealing with Consolidation issues:
- TD 2007/12 Income tax: consolidation: subsidiary in liquidation - for the purposes of s 711-45(1) of ITAA 1997, is the amount of an unsatisfied liability owed to another member of the consolidated group ('intra-group liability') by a subsidiary member at the time it is deregistered equal to the market value of the corresponding asset of that other member? (Previously released in draft form as TD 2006/D41 - see 2006 TAXVINE No 37 (9) (29 September 2006)).
- TD 2007/13 Income tax: consolidation: can a head company make a capital gain under CGT event L5 (s 104-520 of ITAA 1997) when a subsidiary member of the group is deregistered after liquidation? (Previously released in draft form as TD 2006/D42 - see 2006 TAXVINE No 37 (9) (29 September 2006)).
The answer given to the question posed in each Determination is Yes.