Income Tax Assessment Act 1936
Section 82KZMD sets the amount and timing of deductions for expenditure that a taxpayer incurs in a year of income (the expenditure year ), if:
(a) apart from that section, the taxpayer could deduct the expenditure for the expenditure year under:
(i) section 8-1 ; or
(b) the requirements in subsections (2), (3), (4) and (5) are met.
(i) carry on a business; or
(ii) be a taxpayer that is not an individual and that does not carry on a business; and
(b) if the taxpayer is a small business entity for the expenditure year - must, before lodging its return of income for that year or within such further time as the Commissioner allows, choose to apply section 82KZMD to the expenditure.
(i) incurred in carrying on a business; or
(ii) incurred otherwise than in carrying on a business by a taxpayer that is not an individual; and
(b) incurred under an agreement (see subsection 82KZL(1) ); and
(c) incurred in return for the doing of a thing under the agreement that is not to be wholly done within the expenditure year.
The expenditure must not be excluded expenditure (see subsection 82KZL(1) ).82KZMA(5) Requirement for expenditure not to meet pre-RBT obligation.
The expenditure must not meet a pre-RBT obligation (see subsection 82KZL(1) ).82KZMA(6) Relationship with other provisions.
Section 82KZMD has effect:
(a) despite section 8-1 of the Income Tax Assessment Act 1997 ; and
(b) subject to Division 245 of that Act.