Commonwealth Consolidated Acts

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INCOME TAX ASSESSMENT ACT 1997 - SECT 245.95

What this Subdivision is about

The total of the net forgiven amounts of all your debts forgiven in an income year is applied to reduce 4 classes of amounts that could otherwise reduce your taxable income in the same or a later income year. It is applied in the following order:

  (a)   to your tax losses from previous income years;

  (b)   to your net capital losses from previous income years;

  (c)   to the deductions you would otherwise get in the income year, or in a later income year, because of expenditure from a previous year (for example, the capital allowance deductions you would get for expenditure on acquiring a depreciating asset);

  (d)   to the cost bases of your CGT assets.

You can choose the order in which the net forgiven amounts reduce the amounts within each class.

If all the amounts in the 4 classes are reduced to nil, any remaining net forgiven amounts are disregarded.

Table of sections

General operative provisions

245 - 100   Subdivision not to apply to calculation of attributable income

245 - 105   How total net forgiven amount is applied

Reduction of tax losses

245 - 115   Total net forgiven amount is applied in reduction of tax losses

245 - 120   Allocation of total net forgiven amount in respect of tax losses

Reduction of net capital losses

245 - 130   Remaining total net forgiven amount is applied in reduction of net capital losses

245 - 135   Allocation of remaining total net forgiven amount in respect of net capital losses

Reduction of expenditure

245 - 145   Remaining total net forgiven amount is applied in reduction of expenditure

245 - 150   Allocation of remaining total net forgiven amount in respect of expenditures

245 - 155   How expenditure is reduced--straight line deductions

245 - 157   How expenditure is reduced--diminishing balance deductions

245 - 160   Amount applied in reduction of expenditure included in assessable income in certain circumstances

Reduction of cost bases of assets

245 - 175   Remaining total net forgiven amount is applied in reduction of cost bases of CGT assets

245 - 180   Allocation of remaining total net forgiven amount among relevant cost bases of CGT assets

245 - 185   Relevant cost bases of investments in associated entities are reduced last

245 - 190   Reduction of the relevant cost bases of a CGT asset

Unapplied total net forgiven amount

245 - 195   No further consequences if there is any remaining unapplied total net forgiven amount


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