Tax Laws Amendment (Research and Development) Act 2015 (13 of 2015)
Schedule 1 Reduced tax offset rate for expenditure above $100 million
Part 1 Main amendments
Income Tax (Transitional Provisions) Act 1997
7 After subsection 355-325(4)
Insert:
Amount to be included in assessable income may be reduced if notional deductions exceeded $100 million
(4A) For the purposes of subsection (4), the partner may choose to reduce the adjusted section 40-285 amount in that subsection if:
(a) subsection 355-100(3) of the Income Tax Assessment Act 1997 applied to the partner for an earlier income year or the event year (the excess year ); and
(b) the partners deductions for the excess year included deductions covered by paragraph (1)(c) of this section for the asset.
(4B) Subsection 355-720(3) of the Income Tax Assessment Act 1997 applies to the partner as if a reduction under subsection (2) of that section for the present year included a reduction under subsection (4A) of this section for the event year.
(4C) The way the partner prepares its income tax returns is sufficient evidence of the making of a choice under subsection (4A).
(4D) A choice under subsection (4A) is irrevocable.
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