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.

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