Prior to Taxation Laws Amendment Bill No 5 2003, all taxpayers were required to deduct a prior year tax loss in the income year that it became available; any unused franking tax offsets after calculating taxable income were lost. Under Taxation Laws Amendment Bill No 5 2003 corporate tax entities may choose the amount of prior year losses to be deducted in the current income year (subject to certain conditions) and may convert an amount of unused franking tax offsets to an equivalent amount of tax loss to be carried forward to subsequent income years.
Whilst methods employed attempt to ensure that the head company cannot utilise more of the loss than they would have otherwise been able to if they had not consolidated, the flexibility offered by the option to carry forward losses attempts to ensure that corporate tax entities are not required to waste losses against franked (tax-free) current year income.