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INCOME TAX ASSESSMENT ACT 1997 - SECT 711.35

If head company becomes entitled to certain deductions--step 2 in working out allocable cost amount

  (1)   Work out the step 2 amount for the purposes of the table in subsection   711 - 20(1) by multiplying all deductions covered by subsection   (2) by the * corporate tax rate.

  (2)   This subsection covers any deduction to which the leaving entity becomes entitled under section   701 - 40 as a result of the leaving entity ceasing to be a * subsidiary member of the old group, other than a deduction for expenditure:

  (a)   that is, forms part of or reduces, the cost of an asset that becomes an asset of the leaving entity because subsection   701 - 1(1) (the single entity rule) ceases to apply; or

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

  (3)   Subsection   (2) does not cover a deduction under section   43 - 15 (which relates to * undeducted construction expenditure) if, because of section   701 - 40 (the exit history rule), the leaving entity is taken to have * 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.


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