INCOME TAX ASSESSMENT ACT 1997
This section applies to an *R & D partnership if:
(a) a *balancing adjustment event happens in an income year (the event year ) for a *depreciating asset *held by the R & D partnership and for which:
(i) the R & D partnership can deduct, for an income year, an amount under section 40-25 , as that section applies apart from Division 355 and former section 73BC of the Income Tax Assessment Act 1936 ; or
(ii) the R & D partnership could have deducted, for an income year, an amount as described in subparagraph (i) if it had used the asset; and
(b) one or more partners of the R & D partnership are entitled under section 355-100 to *tax offsets for one or more income years for deductions (the R & D deductions ) under section 355-520 for the asset.
This section applies in a modified way if the partners have deductions for the asset under former section 73BA or 73BH of the Income Tax Assessment Act 1936 (see section 40-293 of the Income Tax (Transitional Provisions) Act 1997 ).Section 40-290 to be applied as if use for conducting R & D activities were use for a taxable purpose 40-293(2)
In applying section 40-290 (including references in that section to the reduction of deductions under section 40-25 ) in relation to the asset, assume that using the asset for a *taxable purpose includes using it for the purpose of conducting the *R & D activities to which the R & D deductions relate. Increase in amounts deductible or assessable under section 40-285 40-293(3)
Any amount (the section 40-285 amount ):
(a) that the *R & D partnership can deduct for the asset under section 40-285 (after applying subsection (2) of this section) for the event year; or
(b) that is included in the R & D partnership ' s assessable income for the asset under section 40-285 (after applying subsection (2) of this section) for the event year;
is increased by 1/3 of the following amount:
|Sum of all R & D deductions||×||Adjusted section 40-285 amount|
|Total decline in value|
(a) if the section 40-285 amount is a deduction - the amount of the deduction; or
(b) if the section 40-285 amount is an amount included in the *R & D partnership ' s assessable income - so much of the section 40-285 amount as does not exceed the total decline in value.