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INCOME TAX ASSESSMENT ACT 1997 - SECT 415.25

Tax losses of trusts

Scope

  (1)   This section applies to a * tax loss of a * trust if the trust is a * designated infrastructure project entity at a time (the status time ) in the * loss year.

Modifications of Schedule   2F to the Income Tax Assessment Act 1936

  (2)   Despite paragraph   266 - 25(1)(b), 266 - 30(a), 266 - 75(1)(b) or (2)(b), 266 - 80(1)(a) or (2)(a), 266 - 110(1)(b), 266 - 115(a), 266 - 150(2)(a), 266 - 155(2)(a), 267 - 20(1)(b) or 267 - 60(a) in Schedule   2F to the Income Tax Assessment Act 1936 , for the purposes of sections   266 - 40 and 266 - 45, section   266 - 90, subsections   266 - 125(1) and (2), subsections   266 - 165(1) and (2), sections   267 - 40 and 267 - 45 or sections   267 - 70 and 267 - 75 in that Schedule (whichever are applicable), the test period starts at the first time:

  (a)   that occurs after the status time; and

  (b)   at which the trust is not a * designated infrastructure project entity;

if, apart from this subsection, the test period would start earlier.

  (3)   For the purposes of section   267 - 30 in that Schedule, disregard any part of an income year during which the trust is a * designated infrastructure project entity.

  (4)   For the purposes of working out, under subsection   268 - 10(3), 268 - 15(3) or 268 - 20(3) in that Schedule, the end of the first period, disregard any part of the income year mentioned in that subsection during which the trust is a * designated infrastructure project entity.

Note:   A trust does not calculate its net income and tax loss under Division   268 in that Schedule if the trust was a designated infrastructure project entity during the whole of the income year: see paragraphs 266 - 30(c), 266 - 80(1)(d) and (2)(c), 266 - 115(b), 266 - 155(2)(b), 267 - 60(b) and 272 - 100(f) in that Schedule.

  (5)   For the purposes paragraph   268 - 20(4)(b) in that Schedule, disregard any part of the first of the successive periods during which the trust is a * designated infrastructure project entity.


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