Income Tax Assessment Act 1997

CHAPTER 3 - SPECIALIST LIABILITY RULES  

PART 3-10 - FINANCIAL TRANSACTIONS  

Division 245 - Forgiveness of commercial debts  

Subdivision 245-E - Application of net forgiven amounts  

Guide to Subdivision 245-E

SECTION 245-95   What this Subdivision is about  


The total of the net forgiven amounts of all your debts forgiven in an income year is applied to reduce 4 classes of amounts that could otherwise reduce your taxable income in the same or a later income year. It is applied in the following order:

  • (a) to your tax losses from previous income years;
  • (b) to your net capital losses from previous income years;
  • (c) to the deductions you would otherwise get in the income year, or in a later income year, because of expenditure from a previous year (for example, the capital allowance deductions you would get for expenditure on acquiring a depreciating asset);
  • (d) to the cost bases of your CGT assets.
  • You can choose the order in which the net forgiven amounts reduce the amounts within each class.

    If all the amounts in the 4 classes are reduced to nil, any remaining net forgiven amounts are disregarded.


    TABLE OF SECTIONS
    TABLE OF SECTIONS
    General operative provisions
    245-100 Subdivision not to apply to calculation of attributable income
    245-105 How total net forgiven amount is applied
    Reduction of tax losses
    245-115 Total net forgiven amount is applied in reduction of tax losses
    245-120 Allocation of total net forgiven amount in respect of tax losses
    Reduction of net capital losses
    245-130 Remaining total net forgiven amount is applied in reduction of net capital losses
    245-135 Allocation of remaining total net forgiven amount in respect of net capital losses
    Reduction of expenditure
    245-145 Remaining total net forgiven amount is applied in reduction of expenditure
    245-150 Allocation of remaining total net forgiven amount in respect of expenditures
    245-155 How expenditure is reduced - straight line deductions
    245-157 How expenditure is reduced - diminishing balance deductions
    245-160 Amount applied in reduction of expenditure included in assessable income in certain circumstances
    Reduction of cost bases of assets
    245-175 Remaining total net forgiven amount is applied in reduction of cost bases of CGT assets
    245-180 Allocation of remaining total net forgiven amount among relevant cost bases of CGT assets
    245-185 Relevant cost bases of investments in associated entities are reduced last
    245-190 Reduction of the relevant cost bases of a CGT asset
    Unapplied total net forgiven amount
    245-195 No further consequences if there is any remaining unapplied total net forgiven amount


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