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INCOME TAX ASSESSMENT ACT 1997 - SECT 715.365

How loss denial balance is applied when 170 - D deferred loss revives

  (1)   If a * 170 - D deferred loss on a * CGT asset is in a * loss denial pool of an entity when the loss * revives, the * capital loss or deduction that section   170 - 275 would, apart from this section, treat the entity as having made or become entitled to at that time in respect of the asset is reduced by the lesser of:

  (a)   the amount of the capital loss or deduction; and

  (b)   the pool's * loss denial balance (as reduced by any previous reductions under section   715 - 130, subsection   715 - 160(1) or this subsection);

and the loss denial balance is reduced by the same amount.

  (2)   Subsection   (1) applies to * 170 - D deferred losses in the order in which they * revive. If 2 or more revive at the same time, it applies to them in whichever order the entity determines.

  (3)   Subsection   (1) reduces a * loss denial balance before section   715 - 130 does, unless the * realisation event happens after the leaving time referred to in that section.

Table of sections

715 - 370   Cost setting--reference time for determining currency exchange rate effect


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