Income Tax Assessment Act 1936

PART III - LIABILITY TO TAXATION  

Division 3 - Deductions  

Subdivision A - General  

SECTION 51AAA  

51AAA(1)   DEDUCTIONS NOT ALLOWABLE IN CERTAIN CIRCUMSTANCES  

Where:

(a) an amount is included in the assessable income of a taxpayer of a year of income by section 102-5 of the Income Tax Assessment Act 1997 (about net capital gains) or subsection 124ZZB(1) of this Act (about notional capital gains of PDFs);

(b) a deduction would, but for this section, be allowable under a provision listed in the table in subsection (2) to the taxpayer; and

(c) if the amount had not been included in the assessable income the deduction would not be allowable;

the deduction is not allowable.

51AAA(2)    

The table lists provisions allowing deductions that are affected by subsection (1). Provisions of the Income Tax Assessment Act 1997 are identified in normal text. The other provisions, in bold , are provisions of the Income Tax Assessment Act 1936 .

Deduction provisions affected by net capital gains limit
Item	Provision	Description
1	Subdivision A of Division 3 of Part III	General
.
2	section 8-1	General deductions
.
3	Division 25	Some expenses you can deduct
.
4	Division 30	Gifts or contributions
.
5	Division 34	Non-compulsory uniforms
.
6	Division 36	Tax losses of earlier income years
.
7	Subdivision 40-F	Facilities to conserve or convey water
.
8	Subdivision 40-F	Establishing grapevines
.
9	Subdivision 40-G	Landcare operations
.
10	Subdivision 40-G	Mains electricity supply
.
11	Subdivision 40-G	Telephone lines
.
12	Division 165	Income tax consequences of changing ownership or control of a company
.
13	Subdivision 170-A	Transfer of tax losses within wholly-owned groups of companies
.
14	Division 230	Financial arrangements