Income Tax Assessment Act 1997
CHAPTER 3
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SPECIALIST LIABILITY RULES
PART 3-45
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RULES FOR PARTICULAR INDUSTRIES AND OCCUPATIONS
Division 328
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Small business entities
If you are not a *small business entity for an income year or you do not choose to use this Subdivision for that year, this Subdivision continues to apply to your *general small business pool for that year and later income years.
However, *depreciating assets you started to use, or have *installed ready for use, for a *taxable purpose during an income year for which you are not a *small business entity or do not choose to use this Subdivision cannot be allocated to your *general small business pool under this Subdivision until an income year for which you are a small business entity and you choose to use this Subdivision.
This section applies to a transferee referred to in subsection 328-243(1) or (1A) who:
(a) was not a *small business entity for the income year in which the relevant *balancing adjustment events occurred; or
(b) did not choose to use this Subdivision for that year;
Subdivision 328-D
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Capital allowances for small business entities
Operative provisions
SECTION 328-220
What happens if you are not a small business entity or do not choose to use this Subdivision for an income year
328-220(1)
If you are not a *small business entity for an income year or you do not choose to use this Subdivision for that year, this Subdivision continues to apply to your *general small business pool for that year and later income years.
328-220(2)
However, *depreciating assets you started to use, or have *installed ready for use, for a *taxable purpose during an income year for which you are not a *small business entity or do not choose to use this Subdivision cannot be allocated to your *general small business pool under this Subdivision until an income year for which you are a small business entity and you choose to use this Subdivision.
328-220(3)
This section applies to a transferee referred to in subsection 328-243(1) or (1A) who:
(a) was not a *small business entity for the income year in which the relevant *balancing adjustment events occurred; or
(b) did not choose to use this Subdivision for that year;
as if the transferee had been a small business entity for an earlier income year and had chosen to use this Subdivision for the earlier year. This rule applies even if roll-over relief is not chosen.
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