For an entity to be eligible as a head company of a consolidated group, the entity must:
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Be an Australian resident company
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Have some of its income taxed at the general company tax rate
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Not be a subsidiary member of another group that is eligible to consolidate
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Not be an excluded entity - refer to Entity Classes for Tax Consolidation
The questionnaire addresses each of these criteria and assists in determining if the entity is eligible to be the head company of a consolidatable group.
To Complete the Head Company Questionnaire
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Is the entity a company for the purposes of the ITAA 1997? (Y/N)
An entity must be a company to be eligible has the head company of a consolidated group. A Company for ITAA 1997 purposes can include:-
Body corporate
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Unincorporated club or association
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Corporate limited partnership
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Non-profit company
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Is the entity classed as any of the following? (N/A/B/C/D/E)
As set out in Entity Classes for Tax Consolidation the entity classes (A, B, C, D, E) are excluded, under subsection 703-20(2) of the ITAA 1997, from being a head company of a consolidated group.Entity Class
Description
A
An exempt entity
The total ordinary and statutory income is exempt from income tax under Division 50.
B
A recognised medium credit union
For the income year, defined by section 6H of the ITAA 1936. These credit unions have a threshold placed on their tax payable, even though they are subject to the corporate tax rate.
C
An approved credit union
As defined by section 23G of the ITAA 1936 and is not a recognised medium or large credit union for the income year.
D
A pooled development fund (PDF)
Defined under section 995-1 of the ITAA 1997 at the end of the income year, subject to a concessional rate of tax.
E
A film licensed investment company (FLIC)
Defined under section 375-855 of the ITAA 1997. Tax losses or net capital losses cannot be transferred to or from these entities and they are prevented from claiming deductions for expenditure on a film where the amount spent is concessional capital.
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Is a portion of the Entity's income taxed at the general company tax rate? (Y/N)
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Is the Entity an Australian Resident for tax purposes? (Y/N)
Defined under section 995-1 (ITAA 1997) as Incorporated in Australia or if not incorporated in Australia, it carries on business in Australia and has either:-
Its central management or control in Australia or
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Its voting power controlled by shareholders who are residents of Australia
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Is the Entity a prescribed dual resident? (Y/N)
Defined under subsection 6(1) of the ITAA 1936 and means:
A company that qualifies as an Australian resident but-
Is treated as being a resident solely of another country under tie-breaker rules in a double tax agreement or
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Qualifies as an Australian resident solely because its central management and control is in Australia and it carries on business here, but is also regarded as a resident of another country with its central management and control in another country.
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Is the Entity a 'wholly-owned' subsidiary of another company that is eligible to be a head company of a consolidated group? (Y/N)
The other head company does not need to have to have formed a consolidated group, but needs only to be eligible to be the Head Company of a consolidated group.
There are three possible results to this questionnaire
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This entity is eligible as a member of a consolidatable group
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This entity may be eligible as a subsidiary of a consolidatable group
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This entity is not eligible as a member of a consolidatable group
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If Yes to Question 6, Are there any entities interposed between this entity and the eligible Head Company? Answer Yes or No.
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If Yes to Question 7, are all the interposed entities subsidiary members of the group? Answer Yes or No.
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If No to Question 8, are these subsidiary members excluded due to being:
Select from the drop-down:-
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A) An Interposed nominee or
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B) An Interposed Foreign Resident Entity
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Refer to Subsection 703-45(2), (3) and (4) ITAA 1997 for more information.