Income Tax Assessment Act 1997
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Hide history noteSECTION 110-38 Exclusions 110-38(1)
Expenditure does not form part of any element of the cost base to the extent that section 26-54 prevents it being deducted (even if some other provision also prevents it being deducted).
Note:
Section 26-54 prevents deductions for expenditure related to certain offences.
110-38(2)
Expenditure does not form part of any element of the cost base to the extent that it is a *bribe to a foreign public official or a *bribe to a public official.
110-38(3)
Expenditure does not form part of any element of the cost base to the extent that it is in respect of providing *entertainment.
110-38(4)
Expenditure does not form part of any element of the cost base to the extent that section 26-5 prevents it being deducted (even if some other provision also prevents it being deducted).
Note:
Section 26-5 denies deductions for penalties.
110-38(4A)
Expenditure does not form part of any element of the cost base to the extent that section 26-31 prevents it being deducted.
Note:
Section 26-31 denies deductions for travel related to the use of residential premises as residential accommodation.
110-38(5)
Expenditure does not form part of any element of the cost base to the extent that section 26-47 prevents it being deducted.
Note:
Section 26-47 denies deductions for the excess of boat expenditure over boat income.
110-38(6)
Expenditure does not form part of any element of the cost base to the extent that section 26-22 prevents it being deducted.
Note:
Section 26-22 denies deductions for political contributions and gifts.
110-38(7)
Expenditure does not form any part of any element of the cost base to the extent that section 26-97 prevents it being deducted (even if some other provision also prevents it being deducted).
Note:
Section 26-97 denies deductions for National Disability Insurance Scheme expenditure.
110-38(8)
Expenditure does not form part of any element of the cost base to the extent that section 26-100 prevents it being deducted.
Note:
Section 26-100 denies deductions for certain expenditure on water infrastructure improvements.
110-38(9)
Expenditure does not form part of any element of the cost base to the extent that a provision of Division 832 (about hybrid mismatch rules) prevents it being deducted.
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