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INCOME TAX ASSESSMENT ACT 1997 - SECT 415.40

Bad debts written off by companies

Scope

  (1)   This section applies to a debt that a company writes off as bad, if the company is a * designated infrastructure project entity at a time (the status time ) in the income year in which the debt was incurred.

Modifications of Divisions   165 and 166

  (2)   Despite subsection   165 - 123(1) or 166 - 40(2), the * ownership test period or * test period under that subsection starts at the earlier of:

  (a)   the first time that occurs after the status time and on or after:

  (i)   in the case of subsection   165 - 123(1)--the start of the * first continuity period; or

  (ii)   in the case of subsection   166 - 40(2)--the time the company chooses under that subsection;

    and at which the company is not a * designated infrastructure project entity; and

  (b)   the end of the * second continuity period.

  (3)   In a case to which paragraph   (2)(b) applies, the company is treated as meeting the conditions in section   165 - 123.

  (4)   Despite subsection   165 - 126(2), 165 - 129(2), 165 - 132(1) or 166 - 40(5), the * business continuity test period under that subsection starts at the start of the * ownership test period or * test period (whichever is applicable) if, apart from this subsection, the business continuity test period would start earlier.

  (5)   Despite subsection   165 - 126(2), 165 - 129(3) or 166 - 40(6), the * test time under that subsection occurs just after the start of the * ownership test period or * test period (whichever is applicable) if, apart from this subsection, the test time would occur earlier.

  (6)   A reference in subsection   165 - 129(1) to the * first continuity period is treated as being a reference to the period:

  (a)   starting at the start of the * ownership test period; and

  (b)   ending at the end of the income year in which the ownership test period starts.

Exception

  (7)   Disregard this section for the purposes of Subdivision   175 - C (about tax benefits).


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