S 40-215(2) repealed by No 93 of 2011, s 3 and Sch 3 item 23, effective 8 September 2011. For application, savings and transitional provisions see note under Div
355
heading. S 40-215(2) formerly read:
40-215(2)
Subsection (1) does not apply to deductions for research and development plant expenditure (sections
73B
and
73BA
of the
Income Tax Assessment Act 1936
).
Note:
Subsection (2) does not have the effect that deductions for the same amount of any such expenditure will be allowable under both this Division and section
73B
or
73BA
. Such an outcome is prevented by subsection
40-25(2)
(including as applied by section
73BC
for the purposes of section
73BA
) and subsections
73B(20)
and
73BA(7)
.
S 40-215(2) substituted by
No 101 of 2006
, s 3 and Sch 2 item 664, effective 14 September 2006. For application and savings provisions see the
CCH Australian Income Tax Legislation archive
. S 40-215(2) formerly read:
40-215(2)
Subsection (1) does not apply to deductions for:
(a)
research and development plant expenditure (sections
73B
and
73BA
of the
Income Tax Assessment Act 1936
); or
Note:
Paragraph (a) does not have the effect that deductions for the same amount of any such expenditure will be allowable under both this Division and section 73B or 73BA. Such an outcome is prevented by subsection
40-25(2)
(including as applied by section
73BC
for the purposes of section
73BA
) and subsections
73B(20)
and
73BA(7)
.
(b)
development and investment allowances (Subdivisions B and BA of Division 3 of Part III of that Act); or
(c)
drought investment allowance (Part XII of that Act).
S 40-215 amended by No 170 of 2001, inserted by No 76 of 2001.