Commonwealth Consolidated Acts

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INCOME TAX ASSESSMENT ACT 1997 - SECT 25.120

Transitional--deduction for payment of rent from land investment by operating entity to asset entity

  (1)   This section applies if the requirements in subsection   12 - 440(1) or (2) in Schedule   1 to the Taxation Administration Act 1953 are satisfied in relation to a * cross staple arrangement.

  (2)   An entity that is an * operating entity in relation to the * cross staple arrangement can deduct, for an income year, an amount of * rent from land investment if:

  (a)   another entity derives or receives the amount from the operating entity at a time that:

  (i)   is in the income year; and

  (ii)   is on or after 27   March 2018; and

  (iii)   meets the requirements in subsection   12 - 440(4) of Schedule   1 to the Taxation Administration Act 1953 ; and

  (b)   the other entity is an * asset entity in relation to the cross staple arrangement; and

  (c)   apart from this subsection, the operating entity could otherwise deduct the amount under this Act; and

  (d)   the amount is * excepted MIT CSA income of the asset entity for the income year.

  (3)   If the * asset entity is not a * managed investment trust in relation to the income year, for the purposes of paragraph   (2)(d), treat it as a managed investment trust in relation to the income year.


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