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INCOME TAX ASSESSMENT ACT 1997 - SECT 40.291

Reduction for second - hand assets used in residential property

  (1)   In addition to section   40 - 290, you must reduce the amount (the balancing adjustment amount ) included in your assessable income, or that you can deduct, under section   40 - 285 for a * depreciating asset if your deductions for the asset have been reduced under section   40 - 27.

  (2)   The reduction is the following, as increased under subsection   (3) if applicable:

Start formula start fraction Sum of section 40-27 reductions over Total decline end fraction times Balancing adjustment amount end formula

where:

"sum of section 40-27 reductions" is the sum of:

  (a)   the reductions in your deductions for the asset under section   40 - 27; and

  (b)   if there has been roll - over relief for the asset under section   40 - 340--the reductions in deductions for the asset for the transferor or an earlier successive transferor under section   40 - 27; and

  (c)   if you * hold the asset as the * legal personal representative of an individual--the reductions in deductions for the asset for the individual under section   40 - 27.

"total decline" is the sum of:

  (a)   the decline in value of the * depreciating asset since you started to * hold it; and

  (b)   if there has been roll - over relief for the asset under section   40 - 340--the decline in value of the asset for the transferor or an earlier successive transferor; and

  (c)   if you hold the asset as the * legal personal representative of an individual--the decline in value of the asset for the individual.

  (3)   If:

  (a)   the * cost (for you) of the asset (the current asset ) was worked out under section   40 - 205 (Cost of a split depreciating asset) or 40 - 210 (Cost of merged depreciating assets); and

  (b)   you used the * depreciating asset from which the current asset was split, or a depreciating asset that was merged into the current asset, or had it * installed ready for use, for the purpose to which paragraphs 40 - 27(2)(a) and (b) relate;

the reduction includes an increase equal to such amount as is reasonable having regard to the extent of the use referred to in paragraph   (b) of this subsection.


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