Income Tax Assessment Act 1997

CHAPTER 3 - SPECIALIST LIABILITY RULES  

PART 3-10 - FINANCIAL TRANSACTIONS  

Division 240 - Arrangements treated as a sale and loan  

Subdivision 240-I - Provisions applying to hire purchase agreements  

Operative provisions

SECTION 240-115   Another person, or no person taken to own property in certain cases  

240-115(1)    
This section sets out special modifications of the effect of this Division that apply in relation to a *hire purchase agreement unless:

(a) the notional buyer would have been the owner or the *quasi-owner of the property if the *arrangement had been a sale of the property; and

(b) it is reasonably likely that the right, obligation or contingent obligation to acquire the property will be exercised by, or in respect of, the notional buyer.

Note:

An example of a contingent obligation is a put option.

240-115(2)    
The modifications also apply if the *notional buyer:

(a) disposes of his or her interest in the property; or

(b) enters into a lease covered by Division 242 (about luxury car leases) under which he or she leases the property to another person.

Modifications

240-115(3)    
For the purpose of the *capital allowance provisions, if, apart from the operation of this Division, an entity other than the *notional seller would own the property that is the subject of an agreement covered by this section, that entity is taken to be the owner of the property.

240-115(4)    
For the purpose of the *capital allowance provisions, if, apart from the operation of this Division, the *notional seller would own the property that is the subject of an agreement covered by this section, no entity is taken to be the owner of the property.