Appendix E: Timeline of the changes to the loss integrity provisions

Date
1922-1934
Preceding 4 years of losses can be deducted against income (including exempt income) in the order they occurred.
1944
COT introduced for private companies, no loss will be an allowable deduction unless 25 per cent of the shares were held by the same person at both the time the loss was made and the time of deduction.
1947
Carry forward period of 7 years introduced for primary producers.
1950
7 year carry forward rule extended to all private companies.
1964
COT rules extended to public companies. COT threshold increased to not less than 40 per cent beneficial ownership based on voting power, rights to dividends and rights to capital and applied to ALL companies.
1965
SBT introduced as a concession where there is a COT failure.
1966
The limit of seven years on the carry-forward period for deductions of prior year losses is removed for primary producers.
1973
COT threshold increased to more than 50 per cent beneficial ownership.
1973
A control test and income injection test introduced to add integrity to COT. The COT and SBT are extended to apply to the utilisation of bad debts.
1984
Group loss transfers introduced. Advent of consolidation saw the scope of these provisions greatly reduced.
1985
CGT introduced. COT and SBT must be satisfied to apply prior year capital losses.
1986
Foreign losses no longer offsettable against Australian income, domestic losses no longer offsettable against foreign income.
1990
Unlimited carry-forward losses introduced.
1995
Trust loss rules take effect. Trust loss rules do not apply to the recoupment of net capital losses.
1997
Modifications made to COT to make it easier for certain public companies to recoup losses - Division 166.
1999
As a precursor to consolidation, 'Business Tax Reform' introduces a series of integrity rules to strengthen COT and reduce the opportunity for capital loss creation.
2002
Consolidation introduced. Measures included loss transfer rules, modifications to COT and SBT and recoupment restrictions, and available fraction test. Normal COT and SBT apply following transfer of the loss into consolidated group.