74AGroups arising from former entities

#### 74A Groups arising from former entities 74A Groups arising from former entities > > (1) An entity (the successor) and a former entity constitute a group if the successor and the former entity are or were both sufficiently influenced by the same other person (the third party). > > > (2) For this section, a successor or former entity is sufficiently influenced by a third party if the successor or former entity is accustomed or under an obligation, whether formal or informal, or might reasonably be expected, to act in accordance with the directions, instructions or wishes of the third party. > > > (3) Subsection (2) applies whether the directions, instructions or wishes are, or might reasonably be expected to be, communicated directly or indirectly through another person. > > > (4) The Chief Commissioner may determine that an entity and a former entity who would, but for the determination, be a member of a group under subsection (1) are not part of a group if the Chief Commissioner is satisfied the influence of the third party is not, or was not, intended to avoid tax or other commercial obligations. > > > (5) In this section— > > > > entity includes— > > > > > (a) a person, and > > > > > > Note— > > > > > > Under the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015), Schedule 4, a person includes an individual, a corporation and a body corporate or politic. > > > > > (b) a company, and > > > > > (c) a trustee of a trust. > > > > former entity includes— > > > > > (a) a corporation that is in administration or being wound up, or has executed a deed of company arrangement under the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth, if the Chief Commissioner is satisfied the Chief Commissioner will not be able to recover from the corporation the amount the Chief Commissioner is entitled to recover from the corporation, and > > > > > (b) a corporation that is deregistered under the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth, Chapter 5A, and > > > > > (c) a person who was a trustee of a trust but is no longer a trustee of the trust, whether or not the trust is dissolved. > > **s 74A:** Ins 2023 No 18, Sch 5\[1\]. Am 2023 No 26, Sch 4\[1\]\[2\]; 2024 No 90, Sch 6\[1\].