INCOME TAX ASSESSMENT ACT 1936 (ARCHIVE)

PART III - LIABILITY TO TAXATION  

Division 10 - Mining and quarrying  

Subdivision C - General provisions  

SECTION 122U   MODIFICATION OF SECTION 51AD AND DIVISION 16D - LESSEE OF PROPERTY DEEMED TO BE OWNER ETC.  

122U(1)   [Application of section]  

This section applies if:


(a) deductions have been allowed or are allowable under this Division to a taxpayer in respect of property; and


(b) the taxpayer is not the owner of the property for the purposes of an eligible anti-avoidance provision.

122U(2)   [Application of s 51AD or Div 16D]  

The eligible anti-avoidance provision, to the extent to which that provision relates to deductions under this Division, applies as if the taxpayer were the owner of the property instead of any other person.

122U(3)   [``eligible anti-avoidance provision'']  

In this section:

eligible anti-avoidance provision
means:


(a) section 51AD ; or


(b) Division 16D .


 

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