Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

INCOME TAX ASSESSMENT ACT 1997 - SECT 355.475

Amount that can be deducted

  (1)   The * R&D entity can deduct, for the present year, the sum of the following amounts for each offset year relating to the catch up amount:

Start formula start fraction Adjusted offset minus Starting offset minus Deduction amount over R&D entity's *corporate tax rate for the present year end fraction end formula

where:

"adjusted offset" means the * tax offset the R&D entity would have received under section   355 - 100 for the offset year if the total amount mentioned in subsection   355 - 100(1) for that tax offset were increased by the portion of the catch up amount that is attributable to the offset year.

"deduction amount" means the portion of the catch up amount that is attributable to the offset year, multiplied by the R&D entity's * corporate tax rate for the offset year.

"starting offset" means the amount of the * tax offset the R&D entity has received, or is entitled to receive, under section   355 - 100 for the offset year.

Note:   A deduction under this subsection is not a notional deduction: see subsection   355 - 105(2).

  (2)   However, if this section, or section   355 - 450, has previously applied (whether in the present year or an earlier income year) in relation to another catch up amount, or clawback amount, the * R&D entity has that relates to the offset year, subsection   (1) of this section applies as if:

  (a)   the starting offset were the * tax offset the R&D entity would have received under section   355 - 100 for the offset year if the total amount mentioned in subsection   355 - 100(1) were:

  (i)   increased by the sum of the portions of any such other catch up amounts that are attributable to the offset year; and

  (ii)   decreased by the sum of the portions of any such other clawback amounts that are attributable to the offset year; and

  (b)   the reference to the "total amount" in the definition of adjusted offset were a reference to that amount as so adjusted.

Table of sections

355 - 480   Notional deductions for expenditure incurred to associate in earlier income years


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback