Tax Laws Amendment (2012 Measures No. 1) Act 2012 (71 of 2012)

Schedule 1   Disallow deductions against rebatable benefits

Income Tax Assessment Act 1997

2   Before section 26-20

Insert:

26-19 Rebatable benefits

(1) You cannot deduct under this Act a loss or outgoing to the extent that the loss or outgoing is incurred in gaining or producing a rebatable benefit (within the meaning of section 160AAA of the Income Tax Assessment Act 1936).

(2) To the extent that you use property in gaining or producing a rebatable benefit, your use of the property is taken not to be for the *purpose of producing assessable income if subsection (1) would stop you deducting a loss or outgoing if you incurred it in the income year in gaining or producing the rebatable benefit.

Note: Under some provisions of this Act, in order to deduct an amount for your property, you must have used the property for the purpose of producing assessable income.