TD 2009/21A1 - Addendum
Income tax: to obtain a deduction under section 25-90 of the Income Tax Assessment Act 1997 for a cost in relation to a debt interest does the taxpayer have to actually derive a dividend to which section 23AJ of the Income Tax Assessment Act 1936 applies in the same income year as that in which the cost is incurred?
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This Addendum is a public ruling for the purposes of the Taxation Administration Act 1953. It amends footnote 3 in Taxation Determination TD 2009/21 following the Full Federal Court decision in Federal Commissioner of Taxation v. Noza Holdings Pty Ltd  FCAFC 43.
TD 2009/21 is amended as follows:
At the end of the first sentence in footnote 3, insert:
'but see Commissioner of Taxation v. Noza Holdings Pty Ltd  FCAFC 43 at  and '.
Commissioner of Taxation v. Noza Holdings Pty Ltd  FCAFC 43; (2012) 201 FCR 445; 2012 ATC 20-313; (2012) 82 ATR 567.
This Addendum amends TD 2009/21 to state the Commissioner's view of the law both before and after its date of issue.
Commissioner of Taxation
20 February 2013