Taxation Determination

TD 2009/21A1 - Addendum

Income tax: to obtain a deduction under section 25-90 of the Income Tax Assessment Act 1997 for a cost in relation to a debt interest does the taxpayer have to actually derive a dividend to which section 23AJ of the Income Tax Assessment Act 1936 applies in the same income year as that in which the cost is incurred?

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Addendum

This Addendum is a public ruling for the purposes of the Taxation Administration Act 1953. It amends footnote 3 in Taxation Determination TD 2009/21 following the Full Federal Court decision in Federal Commissioner of Taxation v. Noza Holdings Pty Ltd [2012] FCAFC 43.

TD 2009/21 is amended as follows:

1. Footnote 3

At the end of the first sentence in footnote 3, insert:

'but see Commissioner of Taxation v. Noza Holdings Pty Ltd [2012] FCAFC 43 at [42] and [44]'.

2. Case references

Insert

Commissioner of Taxation v. Noza Holdings Pty Ltd [2012] FCAFC 43; (2012) 201 FCR 445; 2012 ATC 20-313; (2012) 82 ATR 567.

This Addendum amends TD 2009/21 to state the Commissioner's view of the law both before and after its date of issue.

Commissioner of Taxation
20 February 2013

References

ATO references:
NO 1-4I8OZGG