Tax Law Improvement Act (No. 1) 1998 (46 of 1998)

4   Intellectual property (new Division 373)

3   Consequential amendment of the Income Tax Assessment Act 1936

21   After paragraph 82KH(1AD)(a)

Insert:

(b) if paragraph (ka), (oa) or (wa) of the definition of relevant expenditure in subsection (1) covers the expenditure - the taxpayer deducting or being able to deduct, or not deducting or not being able to deduct, as appropriate, an amount under Division 373 of the Income Tax Assessment Act 1997 for the item for a year of income because the taxpayer's unrecouped expenditure on the item would be calculated under that Division by reference to the relevant expenditure; and