Taxation Laws Amendment Act (No. 2) 1996 (76 of 1996)

Schedule 2   Amendment of the Income Tax Assessment Act 1936: forgiveness of commercial debts

Part 2   Consequential amendments

47   Before subsection 160ZC(5)

Insert:

(4E) If, apart from sections 245-125 to 245-135 in Schedule 2C, a taxpayer would be taken to have incurred a net capital loss in the immediately preceding year of income, then, for the purposes of this section:

(a) if the effect of those sections is to reduce the amount of the loss to nil-the taxpayer is taken not to have incurred a net capital loss in that year of income; or

(b) if the effect of those sections is to reduce the amount of the loss to an amount greater than nil-the amount of the net capital loss incurred by the taxpayer in that year of income is taken to be the reduced amount.