CHAPTER 2
-
LIABILITY RULES OF GENERAL APPLICATION
PART 2-5
-
RULES ABOUT DEDUCTIBILITY OF PARTICULAR KINDS OF AMOUNTS
Division 26
-
Some amounts you cannot deduct, or cannot deduct in full
History
Div 26 heading substituted by No 121 of 1997.
Operative provisions
SECTION 26-55
Limit on deductions
26-55(1)
There is a limit on the total of the amounts you can deduct for the income year under these provisions:
(a)
section
25-50
(which is about payments of pensions, gratuities or retiring allowances) of this Act;
(ba)
Division
30
(which is about deductions for gifts or contributions) of this Act;
(bb)
Division
31
(which is about deductions for conservation covenants) of this Act;
(b)
-
(c)
(Repealed by
No 101 of 2006
)
(d)
section
290-150
(which is about deductions for personal superannuation contributions).
(e)
(Repealed by
No 101 of 2006
)
Do not include in the total an amount that you could also deduct under another provision of this Act, apart from section
8-10
(which prevents double deductions).
History
Archived:
S 26-55(1)(b), (c) and (e) repealed as inoperative by
No 101 of 2006
, s 3 and Sch 1 item 218, effective 14 September 2006. For
application and savings provisions
and for former wording see the
CCH Australian Income Tax Legislation archive
.
History
S 26-55(1) amended by No 15 of 2007, s 3 and Sch 1 item 178, by substituting para (d), applicable to the 2007-2008 income year and later years. Para (d) formerly read:
(d)
section
82AAT
(Deductions for superannuation contributions by eligible persons) of the
Income Tax Assessment Act 1936
;
S 26-55(1) amended by No 167 of 2001 and No 121 of 1997.
26-55(2)
The limit is worked out by subtracting from your assessable income all your deductions except:
(a)
*
tax losses; and
See Division
36
(which is about tax losses of earlier income years).
(b)
(Repealed by No 169 of 1999)
(c)
the amount you can deduct for the income year under section
393-5
(which provides for deductions for making *farm management deposits).
History
S 26-55(2) amended by
No 79 of 2010
, s 3 and Sch 4 item 40, by substituting para (c), applicable to assessments for: (a) the 2010-11 income year; and (b) later income years. Para (c) formerly read:
(c)
amounts you have deposited in terms of Schedule 2G (Farm management deposits) to the
Income Tax Assessment Act 1936
.
S 26-55(2) amended by
No 101 of 2006
, s 3 and Sch 2 item 662, by substituting
"
Schedule 2G (Farm management deposits) to
"
for
"
Division 16C (Income equalisation deposits) of Part III of, or Schedule 2G (Farm management deposits) to,
"
in para (c), effective 14 September 2006. For application and savings provisions see the
CCH Australian Income Tax Legislation archive
.
S 26-55(2) amended by No 169 of 1999, No 85 of 1998.