Income Tax Assessment Act 1997

CHAPTER 2 - LIABILITY RULES OF GENERAL APPLICATION  

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

Division 30 - Gifts or contributions  

Subdivision 30-C - Rules applying to particular gifts of property  

Working out the amount you can deduct for a gift of property

SECTION 30-220   Reducing the amount you can deduct  

30-220(1)    
The amount you can deduct is reduced by a reasonable amount if:

(a) the terms and conditions on which the gift is made are such that the recipient:

(i) does not receive immediate custody and control of the property; or

(ii) does not have the unconditional right to retain custody and control of the property in perpetuity; or

(iii) does not obtain an immediate, indefeasible and unencumbered legal and equitable title to the property; or

(b) the custody, control or use of the property by the recipient is affected by an ^* arrangement entered into in respect of the making of the gift.

30-220(2)    

In deciding what is a reasonable amount, have regard to the effect of those terms and conditions, or that ^* arrangement, on the ^* GST inclusive market value of the gift.