Income Tax Assessment Act 1997
Div 25 inserted by No 121 of 1997.
An * Australian entity can deduct an amount of loss or outgoing from its assessable income for an income year if:
(a) the amount is incurred by the entity in deriving income from a foreign source; and
(b) the income is *non-assessable non-exempt income under section 768-5 , or section 23AI or 23AK of the Income Tax Assessment Act 1936 ; and
(c) the amount is a cost in relation to a * debt interest issued by the entity that is covered by paragraph (1)(a) of the definition of debt deduction .
Note:
This section does not apply to a Division 230 financial arrangement.
S 25-90 amended by No 110 of 2014, s 3 and Sch 2 item 2, by substituting para (b), applicable to distributions and non-share dividends made after 16 October 2014. Para (b) formerly read:
(b) the income is * non-assessable non-exempt income under section 23AI , 23AJ or 23AK of the Income Tax Assessment Act 1936 ; and
S 25-90 amended by No 15 of 2009 , s 3 and Sch 1 item 60, by inserting the note at the end, effective 26 March 2009. For application and transitional provisions see note under Div 230 heading.
S 25-90 amended by No 66 of 2003 and inserted by No 162 of 2001.
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