Tax Law Improvement Act (No. 1) 1998 (46 of 1998)
3 Company bad debts
4 Consequential amendment of other Acts
Financial Corporations (Transfer of Assets and Liabilities) Act 1993
22 Subsections 22(2) and (3)
Repeal the subsections, substitute:
Modification of tests for receiving corporation to deduct bad debt
(2) In relation to a transfer of a debt, Subdivisions 165-C, 166-C and 175-C of the Income Tax Assessment Act 1997 have effect as if the debt had been incurred at the time of the transfer.
Note: Those Subdivisions are about companies deducting bad debts.
Easing of restrictions on transferring corporation
(3) If:
(a) this Act applies to one or more transfers of assets by the transferring corporation to the receiving corporation; and
(b) an entity incurs a debt to the transferring corporation in a year of income (the debt year); and
(c) the debt year is the income year in which this section (as originally enacted) commenced or an earlier income year; and
(d) Subdivision 165-C or 175-C, or both, of the Income Tax Assessment Act 1997 prevent the transferring corporation from deducting an amount for the debt for an income year (the deduction year); and
(e) the transferring corporation did not, at any time in the deduction year, derive income from:
(i) a business of a kind that it did not carry on; or
(ii) a transaction of a kind that it had not entered into in the course of its business operations;
before the transfer, or the earliest of the transfers, occurred;
neither Subdivision 165-C nor 175-C of that Act prevents the transferring corporation from deducting that amount.
Note: Subdivision 165-C of the Income Tax Assessment Act 1997 is about the conditions that a company needs to satisfy before it can deduct a bad debt.
Subdivision 175-C of that Act is about the Commissioner preventing a company from getting certain tax benefits through its unused bad debts.
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