Tax Laws Amendment (2008 Measures No. 2) Act 2008 (38 of 2008)

Schedule 1   Amounts misappropriated by an employee or agent

Part 2   Capital gains and losses

Income Tax Assessment Act 1997

8   At the end of section 104-245

Add:

(3) In applying subsection (1) or (2), reduce the *termination value of the *depreciating asset by so much of an amount misappropriated by your employee or *agent (whether by theft, embezzlement, larceny or otherwise) as represents an amount applicable to you under:

(a) item 8 of the table in subsection 40-300(2); or

(b) item 1, 3, 4 or 6 of the table in subsection 40-305(1);

in relation to the *balancing adjustment event.

(4) If you later receive an amount as *recoupment of all or part of the amount misappropriated, the amount applicable under subsection (3) is increased by the amount received.

(5) Section 170 of the Income Tax Assessment Act 1936 does not prevent the amendment of an assessment for the purposes of giving effect to this section for an income year if:

(a) you discover the misappropriation, or you receive an amount as *recoupment of all or part of the amount misappropriated, after you lodged your *income tax return for the income year; and

(b) the amendment is made at any time during the period of 4 years starting immediately after you discover the misappropriation or receive the amount.