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04-Feb-2016 04:58

Such consolidated return may not be withdrawn after such last day (but the group may change the basis of its return at any time prior to such last day).

A group which filed (or was required to file) a consolidated return for the immediately preceding taxable year is required to file a consolidated return for the taxable year unless it has an election to discontinue filing consolidated returns under paragraph (c) of this section.

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FREE TRIAL Generally, affiliated groups may elect to file consolidated returns in lieu of separate returns.

Consolidation is usually an all-or-nothing event: once the decision to consolidate has been made, companies are irrevocably bound.

Only by having less than a 100% interest in a subsidiary can that subsidiary be left out of the consolidation.

If a member of the group fails to file Form 1122, the Commissioner may under the facts and circumstances determine that such member has joined in the making of a consolidated return by such group.

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Countries which do not permit tax consolidation often have rules which provide some of the benefits.If any member has failed to join in the making of a consolidated return under either subparagraph (1) or (2) of this paragraph, then the tax liability of each member of the group shall be determined on the basis of separate returns unless the common parent corporation establishes to the satisfaction of the Commissioner that the failure of such member to join in the making of the consolidated return was due to a mistake of law or fact, or to inadvertence.In such case, such member shall be treated as if it had filed a Form 1122 for such year for purposes of paragraph (h)(2) of this section, and thus joined in the making of the consolidated return for such year.Generally, affiliated groups may elect to file consolidated returns in lieu of separate returns.

Affiliated groups are groups of “includible corporations” which are connected through stock ownership with a common parent which is an includible corporation.

Tax consolidation, or combined reporting, is a regime adopted in the tax or revenue legislation of a number of countries which treats a group of wholly owned or majority-owned companies and other entities (such as trusts and partnerships) as a single entity for tax purposes.