Commonwealth Consolidated Acts

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

INCOME TAX ASSESSMENT ACT 1997 - SECT 705.115

If head company becomes entitled to certain deductions--step 7 in working out allocable cost amount

  (1)   For the purposes of step 7 in the table in section   705 - 60, the step 7 amount is worked out using the following formula:

Star formula Owned deductions plus open bracket Acquired deductions times *Corporate tax rate close bracket end formula

where:

"acquired deductions" means all deductions covered by subsection   (2) that are not owned deductions.

"owned deductions" means the sum of all deductions for which the following requirements are satisfied:

  (a)   the deduction is covered by subsection   (2);

  (b)   assuming the expenditure that gave rise to the deduction were instead a profit that accrued at the time the expenditure was incurred, a distribution of that profit would have been a distribution made to the joined group out of profits that accrued to the joined group before the joining time (see subsection   705 - 90(7)).

  (2)   This subsection covers any deduction to which the * head company becomes entitled under section   701 - 5 as a result of the joining entity becoming a * subsidiary member of the joined group, other than a deduction for expenditure:

  (a)   that is, forms part of or reduces, the cost of an asset of the joining entity that becomes an asset of the head company because subsection   701 - 1(1) (the single entity rule) applies; or

  (b)   to which section   110 - 40 (about expenditure on assets acquired before 7.30 pm on 13   May 1997) applies; or

  (c)   to the extent that the expenditure reduced the undistributed profits comprising the step 3 amount in the table in section   705 - 60.

  (3)   Subsection   (2) does not cover a deduction under section   43 - 15 (which relates to * undeducted construction expenditure) if the joining entity * acquired the asset to which the deduction relates at or before 7.30 pm, by legal time in the Australian Capital Territory, on 13   May 1997.


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback