Taxation Laws Amendment Act (No. 1) 2001 (72 of 2001)

Schedule 2   Arrangements treated as a sale and loan and limited recourse debt

Part 4   Property transferred by way of security

Income Tax Assessment Act 1997

98   At the end of Subdivision 41-C

Add:

41-90 Owner of property that is transferred by way of security

(1) If the rules for a *capital allowance apply this Common rule, then for the purposes of those rules (including any other Common rule that those rules apply) disregard an acquisition or disposal of property by way of the transfer of the property for the provision or redemption of a security.

(2) Consequently those rules apply as if the person who was the owner of the property before the transfer continues to be the owner after the transfer.