Taxation Laws Amendment Act (No. 3) 1997 (147 of 1997)
Schedule 14 Gains and losses
Part 4 Income Tax Assessment Act 1997 (revenue losses)
48 Section 170-25
Repeal the section, substitute:
170-25 Tax treatment of consideration for transferred tax loss
(1) If the *loss company receives any consideration from the *income company for the amount of the *tax loss:
(a) so much of the consideration as is given for the amount of the *tax loss is neither assessable income nor exempt income of the *loss company; and
(b) a capital gain does not accrue to the *loss company because of the receipt of the consideration.
(2) If the *income company gives any consideration to the *loss company for the amount of the *tax loss:
(a) the *income company cannot deduct the amount or value of the consideration; and
(b) the *income company does not incur a capital loss because of the giving of the consideration.