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february 2012, page-36

  1. 199 Posts.
    Hate to spoil the fun but the accumulated tax losses are most likely not recoverable.

    http://www.ato.gov.au/corporate/content.aspx?doc=/content/00262223.htm&page=12

    To deduct a tax loss a company must either:

    satisfy both the continuity of ownership test (COT) and the control test, or
    satisfy the same business test (SBT).

    So for the losses to be utilized by another company moving forward they need to make profits with the same business. There are very detailed rulings for this and a hell of a lot of legal cases but essentially it boils down to making profits by selling the same stuff that the current people running the business have been unable to do so far to date.
 
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