INCOME TAX ASSESSMENT ACT 1936 (ARCHIVE)

PART III - LIABILITY TO TAXATION  

Division 3 - Deductions  

Subdivision CA - Deductions for environment protection expenditure  

SECTION 82BP   NO DEDUCTION WHERE EXPENDITURE IS RECOUPED  

82BP(1A)   [Application limited]  

This section does not apply to an amount received in the 1997-98 year of income or a later year of income if the amount is received as recoupment as defined by section 20-25 of the Income Tax Assessment Act 1997 .

Note:

Subdivision 20-A of the Income Tax Assessment Act 1997 applies instead.

82BP(1)   No deduction where expenditure is recouped.  

Section 82BK does not apply, and is taken never to have applied, to expenditure if:

(a) the taxpayer, whether before or after the commencement of this subsection, receives, or becomes entitled to receive, a recoupment of, or grant in respect of, the expenditure; and

(b) the amount of the recoupment or the grant is not, and will not be, included in the taxpayer's assessable income of any year of income.

82BP(2)   Dissection of amounts.  

For the purposes of subsection (1), if a taxpayer receives, or becomes entitled to receive, an amount that constitutes to an unspecified extent a recoupment of, or a grant in respect of, expenditure, then so much of that amount as is reasonable is taken to be a recoupment of, or grant in respect of, that expenditure, as the case requires.

82BP(3)   Amendment of assessments.  

Section 170 does not prevent the amendment of an assessment at any time for the purpose of giving effect to this section.