INCOME TAX ASSESSMENT ACT 1997

CHAPTER 2 - LIABILITY RULES OF GENERAL APPLICATION  

PART 2-5 - RULES ABOUT DEDUCTIBILITY OF PARTICULAR KINDS OF AMOUNTS  

Division 26 - Some amounts you cannot deduct, or cannot deduct in full  

Operative provisions  

SECTION 26-53   Bribes to public officials  

26-53(1)  
You cannot deduct under this Act a loss or outgoing you incur that is a * bribe to a public official.

26-53(2)  
An amount is a bribe to a public official to the extent that:


(a) you incur the amount in, or in connection with:


(i) providing a benefit to another person; or

(ii) causing a benefit to be provided to another person; or

(iii) offering to provide, or promising to provide, a benefit to another person; or

(iv) causing an offer of the provision of a benefit, or a promise of the provision of a benefit, to be made to another person; and


(b) the benefit is not legitimately due to the other person (see subsection (3)); and


(c) you incur the amount with the intention of influencing a * public official (who may or may not be the other person) in the exercise of the official's duties as a public official in order to:


(i) obtain or retain business; or

(ii) obtain or retain an advantage in the conduct of business that is not legitimately due to you, or another person, as the recipient, or intended recipient, of the advantage in the conduct of business (see subsection (4)).

The benefit may be any advantage and is not limited to property.

Benefit not legitimately due

26-53(3)  
In working out if a benefit is not legitimately due to another person in a particular situation, disregard the following:


(a) the fact that the benefit may be customary, or perceived to be customary, in the situation;


(b) the value of the benefit;


(c) any official tolerance of the benefit. Advantage in the conduct of business that is not legitimately due

26-53(4)  
In working out if an advantage in the conduct of business is not legitimately due in a particular situation, disregard the following:


(a) the fact that the advantage may be customary, or perceived to be customary, in the situation;


(b) the value of the advantage;


(c) any official tolerance of the advantage. Duties of public official

26-53(5)  
The duties of a * public official are any authorities, duties, functions or powers that:


(a) are conferred on the official; or


(b) the official holds himself or herself out as having.


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