Commonwealth Consolidated Acts

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INCOME TAX ASSESSMENT ACT 1997 - SECT 175.35

Tax loss resulting from disallowed deductions

  (1)   If a company has a taxable income for an income year because the Commissioner disallows under this Subdivision deductions of the company for the income year (or parts of them), the company may also have a * tax loss for the income year.

  (2)   The company's tax loss for the income year is calculated as follows.

  (3)   Total what the Commissioner has disallowed under this Subdivision.

  (4)   If the company has * exempt income for the income year, subtract its * net exempt income.

  (5)   Any amount remaining is the company's tax loss for the income year, which is called a loss year .

Note:   The meanings of tax loss and loss year are modified by section   36 - 55 for a corporate tax entity that has an amount of excess franking offsets.

To find out how much of the tax loss can be deducted in later income years: see Subdivision   165 - A.
To find out how to deduct it: see section   36 - 17.

Table of sections

175 - 40   When Commissioner can disallow net capital loss of earlier income year

175 - 45   First case: capital gain injected into company because of available net capital loss

175 - 50   Second case: someone else obtains a tax benefit because of net capital loss available to company


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