Income Tax Assessment Act 1997

CHAPTER 3 - SPECIALIST LIABILITY RULES  

PART 3-10 - FINANCIAL TRANSACTIONS  

Division 243 - Limited recourse debt  

Subdivision 243-C - Amounts included in assessable income and deductions  

Operative provisions

SECTION 243-57   Effect of Division on later capital allowance balancing adjustments  

243-57(1)    
This section applies where this Division (other than section 243-65 ) has applied in relation to a debt and an amount is later included in the assessable income of an entity by virtue of a provision of this Act (other than this Division) as a result of the disposal of the *financed property the effect of which is to reverse a deduction covered by Step 1 in subsection 243-35(2) .

243-57(2)    
Any amount that would be included in the debtor's assessable income is reduced if the amount that would have been worked out under subsection 243-35(4) would have exceeded the amount worked out under subsection 243-35(2) if the following assumptions were applied in both subsections: Assumptions to be applied


(1)

That the debt was terminated at the time of the disposal of the *financed property, referred to in subsection (1) of this section.


(2)

The amount in Step 2 in subsection 243-35(2) were increased by the amount that would otherwise be included in the debtor's assessable income.


(3)

The amount worked out under subsection 243-35(4) were reduced by any amount by which:

  • (a) the amount arising as a result of the disposal that is taken into account for the purposes of the provision mentioned in subsection (1);
  • exceeds:

  • (b) the unpaid amount of the debt immediately before the time of the disposal of the *financed property, referred to in subsection (1).

  • 243-57(3)    
    The amount is to be reduced by the amount of the excess.



     

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