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INCOME TAX ASSESSMENT ACT 1997

CHAPTER 2 - LIABILITY RULES OF GENERAL APPLICATION  

PART 2-20 - TAX OFFSETS    View history reference

Division 65 - Tax offset carry forward rules    View history reference

Operative provisions  

SECTION 65-40  When a company cannot apply a tax offset  

 View history reference [No equivalent]

65-40(1)  

In working out its *tax offset for the *current year, a company cannot apply a *tax offset it has carried forward if, assuming:


(a) the tax offset were a *tax loss of the company for the income year in which it became entitled to the tax offset; and


(b) section 165-20 (deducting part of a tax loss) were disregarded;

Subdivision 165-A would prevent the company from deducting it for the current year.

Note:

Subdivision 165-A deals with the deductibility of a company's tax loss for an earlier income year if there has been a change in the ownership or control of the company in the loss year or the income year.

65-40(2)  

If subsection (1) prevents the company from applying the *tax offset, it can apply the part of the tax offset that it is reasonable to consider relates to a part of the income year in which it became entitled to the tax offset, but only if, assuming that part of that income year had been treated as the whole of it, the company would have been entitled to apply the tax offset.


 



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