Legal Database | ATO

What's new
ATO Community
Legal Database

Login to ATO online services

Access secure services, view your details and lodge online.

Individuals online services

For individuals and sole traders to access ATO online and complete your tax return via myTax.

Log in to myGov

Business online services

A secure system to interact with us online for your business tax and super needs.

Log in to myGovID

Agents online services

For registered tax and BAS agents and authorised staff to access information and complete tasks for their clients.

Log in to myGovID

my-gov

Non-residents online services

For non-residents who import goods or services to register, report and pay GST in Australia. Securely access through AusID.

Log in with AusID

Access manager

Allows you to manage who has electronic access to the tax information of the business.

Log in via myGovID

Foreign Investor

For foreign investors to meet your foreign investment requirements or to represent a foreign investor. For more information please visit Foreign investors

Log in to myGovID

Login to ATO online services

Access secure services, view your details and lodge online.

Legal database

Legal database

Search

Quick search

Advanced search

Last search results

Browse

Browse all

Legislation

Public rulings

Practical compliance guidelines

Cases

Decision impact statements

ATO interpretative decisions

Law administration practice statements

Taxpayer alerts

Edited private advice

Quick access

Public rulings and determinations

Practical compliance guidelines

ATO interpretative decisions

Law administration practice statements

Taxpayer alerts

Legislation

Edited private advice

Help

About the Legal database

Accessing a known document

Doing a quick search

Doing an advanced search

Interpreting your search results

Viewing documents

Providing the history of documents

Browsing to documents

Contact us

Income Tax Assessment Act 1997

SECTION 1-1
to
SECTION 13-1

SECTION 1-1 Short title

SECTION 1-2 Commencement

SECTION 1-3 Differences in style not to affect meaning

SECTION 1-4 Application

SECTION 1-7 Administration of this Act

SECTION 2-1 The design

SECTION 2-5 The pyramid

SECTION 2-10 When defined terms are identified

SECTION 2-15 When terms are not identified

SECTION 2-20 Identifying the defined term in a definition

SECTION 2-25 Purposes

SECTION 2-30 Gaps in the numbering

SECTION 2-35 Non-operative material

SECTION 2-40 Guides

SECTION 2-45 Other material

### (Repealed) SECTION 3-1 What this Act is about

SECTION 3-5 Annual income tax

SECTION 3-10 Your other obligations as a taxpayer

SECTION 3-15 Your obligations other than as a taxpayer

SECTION 4-1 Who must pay income tax

SECTION 4-5 Meaning of you

SECTION 4-10 How to work out how much income tax you must pay

SECTION 4-15 How to work out your taxable income

SECTION 4-25 Special provisions for working out your basic income tax liability

SECTION 5-1 What this Division is about

SECTION 5-5 When income tax is payable

SECTION 5-10 When shortfall interest charge is payable

SECTION 5-15 General interest charge payable on unpaid income tax or shortfall interest charge

SECTION 6-1 Diagram showing relationships among concepts in this Division

SECTION 6-5 Income according to ordinary concepts ( ordinary income )

SECTION 6-10 Other assessable income ( statutory income )

SECTION 6-15 What is not assessable income

SECTION 6-20 Exempt income

SECTION 6-23 Non-assessable non-exempt income

SECTION 6-25 Relationships among various rules about ordinary income

SECTION 8-1 General deductions

SECTION 8-5 Specific deductions

SECTION 8-10 No double deductions

SECTION 9-1A Effect of this Division

SECTION 9-1 List of entities

SECTION 9-5 Entities that work out their income tax by reference to something other than taxable income

SECTION 10-1 Effect of this Division

SECTION 10-5 List of provisions about assessable income

SECTION 11-1A Effect of this Subdivision

SECTION 11-1 Overview

SECTION 11-5 Entities that are exempt, no matter what kind of ordinary or statutory income they have

### (Repealed) SECTION 11-10 Ordinary or statutory income which is exempt, no matter whose it is

SECTION 11-15 Ordinary or statutory income which is exempt

SECTION 11-50 Effect of this Subdivision

SECTION 11-55 List of non-assessable non-exempt income provisions

SECTION 12-1 Effect of this Division

SECTION 12-5 List of provisions about deductions

SECTION 13-1A Effect of this Division

SECTION 13-1 List of tax offsets

SECTION 15-1
to
SECTION 87-85

SECTION 15-1 What this Division is about

SECTION 15-2 Allowances and other things provided in respect of employment or services

SECTION 15-3 Return to work payments

SECTION 15-5 Accrued leave transfer payments

SECTION 15-10 Bounties and subsidies

SECTION 15-15 Profit-making undertaking or plan

SECTION 15-20 Royalties

SECTION 15-22 Payments made to members of a copyright collecting society

SECTION 15-23 Payments of resale royalties by resale royalty collecting society

SECTION 15-25 Amount received for lease obligation to repair

SECTION 15-30 Insurance or indemnity for loss of assessable income

SECTION 15-35 Interest on overpayments and early payments of tax

SECTION 15-40 Providing mining, quarrying or prospecting information or geothermal exploration information

SECTION 15-45 Amounts paid under forestry agreements

SECTION 15-46 Amounts paid under forestry managed investment schemes

SECTION 15-50 Work in progress amounts

SECTION 15-55 Certain amounts paid under funeral policy

SECTION 15-60 Certain amounts paid under scholarship plan

### (Repealed) SECTION 15-65 Sugar industry exit grants

SECTION 15-70 Reimbursed car expenses

SECTION 15-75 Bonuses

SECTION 15-80 Franked distributions entitled to a foreign income tax deduction - Additional Tier 1 capital exception

### (Repealed) SECTION 15-85 Refunded excess rehabilitation tax offset

SECTION 17-1 What this Division is about

SECTION 17-5 GST and increasing adjustments

SECTION 17-10 Certain decreasing adjustments

SECTION 17-15 Elements in calculation of amounts

SECTION 17-20 GST groups and GST joint ventures

SECTION 17-30 Special credits because of indirect tax transition

SECTION 17-35 Certain sections not to apply to certain assets or expenditure

SECTION 20-1 What this Division is about

SECTION 20-5 Other provisions that reverse the effect of deductions

SECTION 20-10 What this Subdivision is about

SECTION 20-15 How to use this Subdivision

SECTION 20-20 Assessable recoupments

SECTION 20-25 What is recoupment ?

SECTION 20-30 Tables of deductions for which recoupments are assessable

SECTION 20-35 If the expense is deductible in a single income year

SECTION 20-40 If the expense is deductible over 2 or more income years

SECTION 20-45 Effect of balancing charge

SECTION 20-50 If the expense is only partially deductible

SECTION 20-55 Meaning of previous recoupment law

SECTION 20-60 If you are the only entity that can deduct an amount for the loss or outgoing

SECTION 20-65 If 2 or more entities can deduct amounts for the loss or outgoing

SECTION 20-100 What this Subdivision is about

SECTION 20-105 Map of this Subdivision

SECTION 20-110 Disposal of a leased car for profit

SECTION 20-115 Working out the profit on the disposal

SECTION 20-120 Meaning of notional depreciation

SECTION 20-125 Disposal of a leased car for profit

SECTION 20-130 Successive leases

SECTION 20-135 No amount included if earlier disposal for market value

SECTION 20-140 Reducing the amount to be included if there has been an earlier disposal

SECTION 20-145 No amount included if you inherited the car

SECTION 20-150 Reducing the amount to be included if another provision requires you to include an amount for the disposal

SECTION 20-155 Exception for particular cars taken on hire

SECTION 20-157 Exception for small business entities

SECTION 20-160 Disposal of an interest in a car

(Repealed) Division 22 - Amounts you must repay are not assessable income

SECTION 25-1 What this Division is about

SECTION 25-5 Tax-related expenses

### (Repealed) SECTION 25-7 Advice about family tax benefit

SECTION 25-10 Repairs

SECTION 25-15 Amount paid for lease obligation to repair

SECTION 25-20 Lease document expenses

SECTION 25-25 Borrowing expenses

SECTION 25-30 Expenses of discharging a mortgage

SECTION 25-35 Bad debts

SECTION 25-40 Loss from profit-making undertaking or plan

SECTION 25-45 Loss by theft etc.

SECTION 25-47 Misappropriation where a balancing adjustment event occurs

SECTION 25-50 Payments of pensions, gratuities or retiring allowances

SECTION 25-55 Payments to associations

SECTION 25-60 Parliament election expenses

SECTION 25-65 Local government election expenses

SECTION 25-70 Deduction for election expenses does not extend to entertainment

SECTION 25-75 Rates and land taxes on premises used to produce mutual receipts

SECTION 25-85 Certain returns in respect of debt interests

SECTION 25-90 Deduction relating to foreign non-assessable non-exempt income

SECTION 25-95 Deduction for work in progress amounts

SECTION 25-100 Travel between workplaces

### (Repealed) SECTION 25-105 Deductions for United Medical Protection Limited support payments

SECTION 25-110 Capital expenditure to terminate lease etc.

SECTION 25-115 Deduction for payment of rent from land investment by operating entity to asset entity in relation to approved economic infrastructure facility

SECTION 25-120 Transitional - deduction for payment of rent from land investment by operating entity to asset entity

SECTION 25-125 COVID-19 tests

SECTION 26-1 What this Division is about

SECTION 26-5 Penalties

SECTION 26-10 Leave payments

SECTION 26-15 Franchise fees windfall tax

SECTION 26-17 Commonwealth places windfall tax

### (Repealed) SECTION 26-18 Unit shortfall charge - clean energy

SECTION 26-19 Rebatable benefits

SECTION 26-20 Assistance to students

SECTION 26-22 Political contributions and gifts

SECTION 26-25 Interest or royalty

SECTION 26-25A Payments to employees - labour mobility programs

SECTION 26-26 Non-share distributions and dividends

SECTION 26-30 Relative ' s travel expenses

SECTION 26-31 Travel related to use of residential premises as residential accommodation

SECTION 26-35 Reducing deductions for amounts paid to related entities

SECTION 26-40 Maintaining your family

SECTION 26-45 Recreational club expenses

SECTION 26-47 Non-business boating activities

SECTION 26-50 Expenses for a leisure facility

SECTION 26-52 Bribes to foreign public officials

SECTION 26-53 Bribes to public officials

SECTION 26-54 Expenditure relating to illegal activities

SECTION 26-55 Limit on deductions

SECTION 26-60 Superannuation contributions surcharge

### (Repealed) SECTION 26-65 Termination payments surcharge

SECTION 26-68 Loss from disposal of eligible venture capital investments

SECTION 26-70 Loss from disposal of venture capital equity

### (Repealed) SECTION 26-74 Excess concessional contributions charge cannot be deducted

SECTION 26-75 Excess non-concessional contributions tax cannot be deducted

SECTION 26-80 Financing costs on loans to pay superannuation contribution

SECTION 26-85 Borrowing costs on loans to pay life insurance premiums

SECTION 26-90 Superannuation supervisory levy

SECTION 26-95 Superannuation guarantee charge

SECTION 26-96 Laminaria and Corallina decommissioning levy cannot be deducted

SECTION 26-97 National Disability Insurance Scheme expenditure

SECTION 26-98 Division 293 tax cannot be deducted

SECTION 26-99 Excess transfer balance tax cannot be deducted

SECTION 26-99B Build to rent development misuse tax cannot be deducted

SECTION 26-99C Australian IIR \ UTPR tax and Australian DMT tax cannot be deducted

SECTION 26-100 Expenditure attributable to water infrastructure improvement payments

SECTION 26-102 Expenses associated with holding vacant land

SECTION 26-105 Non-compliant payments for work and services

SECTION 27-1 What this Division is about

SECTION 27-5 Input tax credits and decreasing adjustments

SECTION 27-10 Certain increasing adjustments

SECTION 27-15 GST payments

SECTION 27-20 Elements in calculation of amounts

SECTION 27-25 GST groups and GST joint ventures

SECTION 27-35 Certain sections not to apply to certain assets or expenditure

SECTION 27-80 Cost or opening adjustable value of depreciating assets reduced for input tax credits

SECTION 27-85 Cost or opening adjustable value of depreciating assets reduced: decreasing adjustments

SECTION 27-87 Certain decreasing adjustments included in assessable income

SECTION 27-90 Cost or opening adjustable value of depreciating assets increased: increasing adjustments

SECTION 27-92 Certain increasing adjustments can be deducted

SECTION 27-95 Balancing adjustment events

SECTION 27-100 Pooling

SECTION 27-105 Other Division 40 expenditure

SECTION 27-110 Input tax credit etc. relating to 2 or more things

SECTION 28-1 What this Division is about

SECTION 28-5 Map of this Division

SECTION 28-10 Application of Division 28

SECTION 28-12 Car expenses

SECTION 28-13 Meaning of car expense

SECTION 28-14 What this Subdivision is about

SECTION 28-15 Choosing between the 2 methods

SECTION 28-20 Rules governing choice of method

SECTION 28-25 How to calculate your deduction

SECTION 28-30 Capital allowances

SECTION 28-35 Substantiation

### (Repealed) SECTION 28-45 How to calculate your deduction

### (Repealed) SECTION 28-50 Eligibility

### (Repealed) SECTION 28-55 Capital allowances

### (Repealed) SECTION 28-60 Substantiation

### (Repealed) SECTION 28-70 How to calculate your deduction

### (Repealed) SECTION 28-75 Eligibility

### (Repealed) SECTION 28-80 Substantiation

SECTION 28-90 How to calculate your deduction

SECTION 28-95 Eligibility

SECTION 28-100 Substantiation

SECTION 28-105 What this Subdivision is about

SECTION 28-110 Steps for keeping a log book

SECTION 28-115 Income years for which you need to keep a log book

SECTION 28-120 Choosing the 12 week period for a log book

SECTION 28-125 How to keep a log book

SECTION 28-130 Replacing one car with another

SECTION 28-135 What this Subdivision is about

SECTION 28-140 How to keep odometer records for a car for a period

SECTION 28-150 Retaining the log book for the retention period

SECTION 28-155 Retaining odometer records

SECTION 28-160 What this Subdivision is about

SECTION 28-165 Exception for particular cars taken on hire

SECTION 28-170 Exception for particular cars used in particular ways

SECTION 28-175 Further miscellaneous exceptions

SECTION 28-180 Car expenses related to award transport payments

SECTION 28-185 Application of Subdivision 28-J to recipients and payers of certain withholding payments

SECTION 30-1 What this Division is about

SECTION 30-5 How to find your way around this Division

SECTION 30-10 Index

SECTION 30-15 Table of gifts or contributions that you can deduct

SECTION 30-17 Requirements for certain recipients

SECTION 30-20 Health

SECTION 30-25 Education

SECTION 30-30 Gifts that must be for certain purposes

SECTION 30-35 Rural schools hostel buildings

SECTION 30-37 Scholarship etc. funds

SECTION 30-40 Research

SECTION 30-45 Welfare and rights

SECTION 30-45A Australian disaster relief funds - declarations by Minister

SECTION 30-46 Australian disaster relief funds - declarations under State and Territory law

SECTION 30-50 Defence

SECTION 30-55 The environment

SECTION 30-60 Gifts to a National Parks body or conservation body must satisfy certain requirements

SECTION 30-65 Industry, trade and design

SECTION 30-70 The family

SECTION 30-75 Marriage education organisations must be approved

SECTION 30-80 International affairs

SECTION 30-85 Developing country relief funds

SECTION 30-86 Developed country disaster relief funds

SECTION 30-90 Sports and recreation

SECTION 30-95 Philanthropic trusts

SECTION 30-100 Cultural organisations

SECTION 30-102 Fire and emergency services

SECTION 30-105 Other recipients

SECTION 30-110 Community charities

SECTION 30-115 What this Subdivision is about

SECTION 30-120 Endorsement by Commissioner

SECTION 30-125 Entitlement to endorsement

SECTION 30-130 Maintaining a gift fund

### (Repealed) SECTION 30-135 Dealing with an application for endorsement

### (Repealed) SECTION 30-140 Notifying outcome of application for endorsement

### (Repealed) SECTION 30-145 Date of effect of endorsement

### (Repealed) SECTION 30-150 Review of refusal of endorsement

### (Repealed) SECTION 30-155 Checking entitlement to endorsement

### (Repealed) SECTION 30-160 Telling Commissioner of loss of entitlement to endorsement

### (Repealed) SECTION 30-165 Partnerships and unincorporated bodies

### (Repealed) SECTION 30-170 Revoking endorsement

### (Repealed) SECTION 30-175 Review of revocation of endorsement

SECTION 30-180 How this Subdivision applies to government entities

SECTION 30-200 Getting written valuations

SECTION 30-205 Proceeds of the sale would have been assessable

SECTION 30-210 Approved valuers

SECTION 30-212 Valuations by the Commissioner

SECTION 30-215 How much you can deduct

SECTION 30-220 Reducing the amount you can deduct

SECTION 30-225 Gift of property by joint owners

SECTION 30-226 What this Subdivision is about

SECTION 30-227 Entities to which this Subdivision applies

SECTION 30-228 Content of receipt for gift or contribution

SECTION 30-229 Australian Business Register must show deductibility of gifts to deductible gift recipient

(Repealed) Subdivision 30-D - Testamentary gifts under the Cultural Bequests Program

SECTION 30-241 What this Subdivision is about

SECTION 30-242 Deduction for political contributions and gifts

SECTION 30-243 Amount of the deduction

SECTION 30-244 When an individual is an independent candidate

SECTION 30-245 When an individual is an independent member

SECTION 30-246 What this Subdivision is about

SECTION 30-247 Gifts and covenants for which elections can be made

SECTION 30-248 Making an election

SECTION 30-249 Effect of election

SECTION 30-249A Requirements - environmental property gifts

SECTION 30-249B Requirements - heritage property gifts

### (Repealed) SECTION 30-249C Requirements - certain cultural property gifts

SECTION 30-249D Requirements - conservation covenants

### (Repealed) SECTION 30-250 What this Subdivision is about

### (Repealed) SECTION 30-255 Establishing the register

### (Repealed) SECTION 30-260 Meaning of environmental organisation

### (Repealed) SECTION 30-265 Its principal purpose must be protecting the environment

### (Repealed) SECTION 30-270 Other requirements it must satisfy

### (Repealed) SECTION 30-275 Further requirement for a body corporate or a co-operative society

### (Repealed) SECTION 30-280 What must be on the register

### (Repealed) SECTION 30-285 Removal from the register

### (Repealed) SECTION 30-286 What this Subdivision is about

### (Repealed) SECTION 30-287 Establishing the register

### (Repealed) SECTION 30-288 Meaning of harm prevention charity

### (Repealed) SECTION 30-289 Principal activity - promoting the prevention or control of harm or abuse

### (Repealed) SECTION 30-289A Other requirements

### (Repealed) SECTION 30-289B What must be on the register

### (Repealed) SECTION 30-289C Removal from the register

### (Repealed) SECTION 30-290 What this Subdivision is about

### (Repealed) SECTION 30-295 Establishing the register

### (Repealed) SECTION 30-300 Meaning of cultural organisation

### (Repealed) SECTION 30-305 What must be on the register

### (Repealed) SECTION 30-310 Removal from the register

SECTION 30-315 Index

SECTION 30-320 Effect of this Subdivision

SECTION 31-1 What this Division is about

SECTION 31-5 Deduction for entering into conservation covenant

SECTION 31-10 Requirements for fund, authority or institution

SECTION 31-15 Valuations by the Commissioner

SECTION 32-1 What this Division is about

SECTION 32-5 No deduction for entertainment expenses

SECTION 32-10 Meaning of entertainment

SECTION 32-15 No deduction for property used for providing entertainment

SECTION 32-20 The main exception - fringe benefits

SECTION 32-25 The tables set out the other exceptions

SECTION 32-30 Employer expenses

SECTION 32-35 Seminar expenses

SECTION 32-40 Entertainment industry expenses

SECTION 32-45 Promotion and advertising expenses

SECTION 32-50 Other expenses

SECTION 32-55 In-house dining facility (employer expenses table items 1.1 and 1.2)

SECTION 32-60 Dining facility (employer expenses table item 1.3)

SECTION 32-65 Seminars (seminar expenses table item 2.1)

SECTION 32-70 $ 30 is assessable for each meal provided to non-employee in an in-house dining facility

SECTION 32-75 Commissioner may treat you as having incurred entertainment expense

SECTION 32-80 Company directors

SECTION 32-85 Directors, employees and property of wholly-owned group company

SECTION 32-90 Partnerships

SECTION 34-1 What this Division is about

SECTION 34-3 What you need to read

SECTION 34-5 This Division applies to employees and others

SECTION 34-7 This Division applies to employers and others

SECTION 34-10 What you can deduct

SECTION 34-15 What is a non-compulsory uniform?

SECTION 34-20 What are occupation specific clothing and protective clothing ?

SECTION 34-25 Application to register the design

SECTION 34-30 Industry Secretary's decision on application

SECTION 34-33 Written notice of decision

SECTION 34-35 When uniform becomes registered

SECTION 34-40 Review of decisions by the Administrative Review Tribunal

SECTION 34-45 Keeping of the Register

SECTION 34-50 Changes to the Register

SECTION 34-55 Approved occupational clothing guidelines

SECTION 34-60 Industry Secretary to give Commissioner information about entries

SECTION 34-65 Delegation of powers by Industry Secretary

SECTION 35-1 What this Division is about

SECTION 35-5 Object

SECTION 35-10 Deferral of deductions from non-commercial business activities

SECTION 35-15 Modification if you have exempt income

SECTION 35-20 Modification if you become bankrupt

SECTION 35-25 Application of Division to certain partnerships

SECTION 35-30 Assessable income test

SECTION 35-35 Profits test

SECTION 35-40 Real property test

SECTION 35-45 Other assets test

SECTION 35-50 Apportionment

SECTION 35-55 Commissioner ' s discretion

SECTION 36-1 What this Division is about

SECTION 36-10 How to calculate a tax loss for an income year

SECTION 36-15 How to deduct tax losses of entities other than corporate tax entities

SECTION 36-17 How to deduct tax losses of corporate tax entities

SECTION 36-20 Net exempt income

SECTION 36-25 Special rules about tax losses

SECTION 36-30 What this Subdivision is about

SECTION 36-35 No deduction for tax loss incurred before bankruptcy

SECTION 36-40 Deduction for amounts paid for debts incurred before bankruptcy

SECTION 36-45 Limit on deductions for amounts paid

SECTION 36-50 What this Subdivision is about

SECTION 36-55 Converting excess franking offsets into tax loss

SECTION 40-1 What this Division is about

SECTION 40-10 Simplified outline of this Division

SECTION 40-15 Objects of Division

SECTION 40-20 What this Subdivision is about

SECTION 40-25 Deducting amounts for depreciating assets

SECTION 40-27 Further reduction of deduction for second-hand assets in residential property

SECTION 40-30 What a depreciating asset is

SECTION 40-35 Jointly held depreciating assets

SECTION 40-40 Meaning of hold a depreciating asset

SECTION 40-42 When mining, quarrying or prospecting rights are used

SECTION 40-45 Assets to which this Division does not apply

SECTION 40-50 Assets for which you deduct under another Subdivision

SECTION 40-53 Alterations etc. to certain depreciating assets

SECTION 40-55 Use of the ' cents per kilometre ' car expense deduction method

SECTION 40-60 When a depreciating asset starts to decline in value

SECTION 40-65 Choice of methods to work out the decline in value

SECTION 40-70 Diminishing value method

SECTION 40-72 Diminishing value method for post-9 May 2006 assets

SECTION 40-75 Prime cost method

SECTION 40-80 When you can deduct the asset ' s cost

SECTION 40-82 Assets costing less than $ 150,000 - medium sized businesses - assets first acquired between 2 April 2019 and 31 December 2020

SECTION 40-85 Meaning of adjustable value and opening adjustable value of a depreciating asset

SECTION 40-90 Debt forgiveness

SECTION 40-95 Choice of determining effective life

SECTION 40-100 Commissioner ' s determination of effective life

SECTION 40-102 Capped life of certain depreciating assets

SECTION 40-103 Effective life and remaining effective life of certain vessels

SECTION 40-105 Self-assessing effective life

SECTION 40-110 Recalculating effective life

SECTION 40-115 Splitting a depreciating asset

SECTION 40-120 Replacement spectrum licences

SECTION 40-122 Partial conversions of mining, quarrying or prospecting rights

SECTION 40-125 Merging depreciating assets

SECTION 40-130 Choices

SECTION 40-135 Certain anti-avoidance provisions

SECTION 40-140 Getting tax information from associates

### (Repealed) SECTION 40-145 Application of Criminal Code

SECTION 40-170 What this Subdivision is about

SECTION 40-175 Cost

SECTION 40-180 First element of cost

SECTION 40-185 Amount you are taken to have paid to hold a depreciating asset or to receive a benefit

SECTION 40-190 Second element of cost

SECTION 40-195 Apportionment of cost

SECTION 40-200 Exclusion from cost

SECTION 40-205 Cost of a split depreciating asset

SECTION 40-210 Cost of merged depreciating assets

SECTION 40-215 Adjustment: double deduction

SECTION 40-217 Cost of partial continuations of mining, quarrying or prospecting rights

SECTION 40-220 Cost reduced by amounts not of a capital nature

SECTION 40-222 Cost reduced by water infrastructure improvement expenditure

SECTION 40-225 Adjustment: acquiring a car at a discount

SECTION 40-230 Adjustment: car limit

SECTION 40-235 Adjustment: National Disability Insurance Scheme costs

SECTION 40-280 What this Subdivision is about

SECTION 40-285 Balancing adjustments

SECTION 40-290 Reduction for non-taxable use

SECTION 40-291 Reduction for second-hand assets used in residential property

SECTION 40-292 Adjustments - assets used for both general tax purposes and R & D activities

SECTION 40-293 Adjustments - partnership assets used for both general tax purposes and R & D activities

SECTION 40-295 Meaning of balancing adjustment event

SECTION 40-300 Meaning of termination value

SECTION 40-305 Amount you are taken to have received under a balancing adjustment event

SECTION 40-310 Apportionment of termination value

### (Repealed) SECTION 40-315 Expenses of balancing adjustment event

SECTION 40-320 Car to which section 40-225 applies

SECTION 40-325 Adjustment: car limit

SECTION 40-335 Deduction for in-house software where you will never use it

SECTION 40-340 Roll-over relief

SECTION 40-345 What the roll-over relief is

SECTION 40-350 Additional consequences

SECTION 40-360 Notice to allow transferee to work out how this Division applies

SECTION 40-362 Roll-over relief for holders of vessels covered by certificates under the Shipping Reform (Tax Incentives) Act 2012

SECTION 40-363 Roll-over relief for interest realignment arrangements

SECTION 40-364 Interest realignment adjustments

SECTION 40-365 Involuntary disposals

SECTION 40-370 Balancing adjustments where there has been use of different car expense methods

SECTION 40-420 What this Subdivision is about

SECTION 40-425 Allocating assets to a low-value pool

SECTION 40-430 Rules for assets in low-value pools

SECTION 40-435 Private or exempt use of assets

SECTION 40-440 How you work out the decline in value of assets in low-value pools

SECTION 40-445 Balancing adjustment events

SECTION 40-450 Software development pools

SECTION 40-455 How to work out your deduction

SECTION 40-460 Your assessable income includes consideration for pooled software

SECTION 40-510 What this Subdivision is about

SECTION 40-515 Water facilities, horticultural plants, fodder storage assets and fencing assets

SECTION 40-520 Meaning of water facility , horticultural plant , fodder storage asset and fencing asset

SECTION 40-525 Conditions

SECTION 40-530 When declines in value start

SECTION 40-535 Meaning of horticulture and commercial horticulture

SECTION 40-540 How you work out the decline in value for water facilities

SECTION 40-545 How you work out the decline in value for horticultural plants

SECTION 40-548 How you work out the decline in value for fodder storage assets

### (Repealed) SECTION 40-550 How you work out the decline in value for grapevines

SECTION 40-551 How you work out the decline in value for fencing assets

SECTION 40-555 Amounts you cannot deduct

SECTION 40-560 Non-arm's length transactions

SECTION 40-565 Extra deduction for destruction of a horticultural plant

SECTION 40-570 How this Subdivision applies to partners and partnerships

SECTION 40-575 Getting tax information if you acquire a horticultural plant

SECTION 40-625 What this Subdivision is about

SECTION 40-630 Landcare operations

SECTION 40-635 Meaning of landcare operation

SECTION 40-640 Meaning of approved management plan

SECTION 40-645 Electricity and telephone lines

SECTION 40-650 Amounts you cannot deduct under this Subdivision

SECTION 40-655 Meaning of connecting power to land or upgrading the connection and metering point

SECTION 40-660 Non-arm's length transactions

SECTION 40-665 How this Subdivision applies to partners and partnerships

SECTION 40-670 Approval of persons as farm consultants

SECTION 40-675 Review of decisions relating to approvals

SECTION 40-725 What this Subdivision is about

SECTION 40-730 Deduction for expenditure on exploration or prospecting

SECTION 40-735 Deduction for expenditure on mining site rehabilitation

SECTION 40-740 Meaning of ancillary mining activities and mining building site

SECTION 40-745 No deduction for certain expenditure

SECTION 40-750 Deduction for payments of petroleum resource rent tax

### (Repealed) SECTION 40-751 Deduction for payments of minerals resource rent tax

SECTION 40-755 Environmental protection activities

SECTION 40-760 Limits on deductions from environmental protection activities

SECTION 40-765 Non-arm's length transactions

SECTION 40-825 What this Subdivision is about

SECTION 40-830 Project pools

SECTION 40-832 Project pools for post-9 May 2006 projects

SECTION 40-835 Reduction of deduction

SECTION 40-840 Meaning of project amount

SECTION 40-845 Project life

SECTION 40-855 When you start to deduct amounts for a project pool

SECTION 40-860 Meaning of mining capital expenditure

SECTION 40-865 Meaning of transport capital expenditure

SECTION 40-870 Meaning of transport facility

SECTION 40-875 Meaning of processed minerals and minerals treatment

SECTION 40-880 Business related costs

SECTION 40-885 Non-arm's length transactions

SECTION 40-1000 What this Subdivision is about

SECTION 40-1005 Deduction for expenditure for establishing trees in carbon sink forests

SECTION 40-1010 Expenditure for establishing trees in carbon sink forests

SECTION 40-1015 Carbon sequestration by trees

SECTION 40-1020 Certain expenditure disregarded

SECTION 40-1025 Non-arm ' s length transactions

SECTION 40-1030 Extra deduction for destruction of trees in carbon sink forest

SECTION 40-1035 Getting information if you acquire a carbon sink forest

SECTION 40-1095 What this Subdivision is about

SECTION 40-1100 Meaning of farm-in farm-out arrangement and exploration benefit

SECTION 40-1105 Treatment of certain exploration benefits received under farm-in farm-out arrangements

SECTION 40-1110 Cost of split interests resulting from farm-in farm-out arrangements

SECTION 40-1115 Deductions relating to receipt of exploration benefits

SECTION 40-1120 Cost base and reduced cost base of exploration benefits etc.

SECTION 40-1125 Effect of exploration benefits on the cost of mining, quarrying or prospecting information

SECTION 40-1130 Consequences of certain exploration benefits provided under farm-in farm-out arrangements

(Former) Division 41 - Common rules for capital allowances

SECTION 41-1 What this Division is about

SECTION 41-5 Object of Division

SECTION 41-10 Entitlement to deduction for investment

SECTION 41-15 Amount of deduction

SECTION 41-20 Recognised new investment amount

SECTION 41-25 Investment commitment time

SECTION 41-30 First use time

SECTION 41-35 New investment threshold

(Repealed) Division 42 - Depreciation of plant

SECTION 43-1 What this Division is about

SECTION 43-2 Key concepts used in this Division

SECTION 43-5 What this Subdivision is about

SECTION 43-10 Deductions for capital works

SECTION 43-15 Amount you can deduct

SECTION 43-20 Capital works to which this Division applies

SECTION 43-25 Rate of deduction

SECTION 43-30 No deduction until construction is complete

SECTION 43-35 Requirement for registration under the Industry Research and Development Act

SECTION 43-40 Deduction for destruction of capital works

SECTION 43-45 Certain anti-avoidance provisions

SECTION 43-50 Links and signposts to other parts of the Act

SECTION 43-55 Anti-avoidance - arrangement etc. with tax-exempt entity

SECTION 43-60 What this Subdivision is about

SECTION 43-65 Explanatory material

SECTION 43-70 What is construction expenditure?

SECTION 43-72 Meaning of forestry road, timber operation and timber mill building

SECTION 43-75 Construction expenditure area

SECTION 43-80 When capital works begin

SECTION 43-85 Pools of construction expenditure

SECTION 43-90 Table of intended use at time of completion of construction

SECTION 43-95 Meaning of hotel building and apartment building

SECTION 43-100 Certificates by Industry Innovation and Science Australia

SECTION 43-105 What this Subdivision is about

SECTION 43-110 Explanatory material

SECTION 43-115 Your area and your construction expenditure - owners

SECTION 43-120 Your area and your construction expenditure - lessees and quasi-ownership right holders

SECTION 43-125 Lessees' or right holders' pools can revert to owner

SECTION 43-130 Identifying your area on acquisition or disposal

SECTION 43-135 What this Subdivision is about

SECTION 43-140 Using your area in a deductible way

SECTION 43-145 Using your area in the 4 % manner

SECTION 43-150 Meaning of industrial activities

SECTION 43-151 Meaning of active build to rent development area

SECTION 43-152 Build to rent developments

SECTION 43-153 Build to rent developments - eligibility

SECTION 43-154 Notice of events

SECTION 43-154A References to buildings

SECTION 43-155 What this Subdivision is about

SECTION 43-160 Your area is used for a purpose if it is maintained ready for use for the purpose

SECTION 43-165 Temporary cessation of use

SECTION 43-170 Own use - capital works other than hotel and apartment buildings

SECTION 43-175 Own use - hotel and apartment buildings

SECTION 43-180 Special rules for hotel and apartment buildings

SECTION 43-185 Residential or display use

SECTION 43-190 Use of facilities not commonly provided, and of certain buildings used to operate a hotel, motel or guest house

SECTION 43-195 Use for R & D activities must be in connection with a business

SECTION 43-200 What this Subdivision is about

SECTION 43-205 Explanatory material

SECTION 43-210 Deduction for capital works begun after 26 February 1992

SECTION 43-215 Deduction for capital works begun before 27 February 1992

SECTION 43-220 Capital works taken to have begun earlier for certain purposes

SECTION 43-225 What this Subdivision is about

SECTION 43-230 Calculating undeducted construction expenditure - common step

SECTION 43-235 Post-26 February 1992 undeducted construction expenditure

SECTION 43-237 Post-26 February 1992 undeducted construction expenditure - modification for active build to rent developments that have ceased

SECTION 43-240 Pre-27 February 1992 undeducted construction expenditure

SECTION 43-245 What this Subdivision is about

SECTION 43-250 The amount of the balancing deduction

SECTION 43-255 Amounts received or receivable

SECTION 43-260 Apportioning amounts received for destruction

SECTION 44-1 What this Division is about

SECTION 44-5 Object of this Division

SECTION 44-10 What this Subdivision is about

SECTION 44-15 Liability for tax

SECTION 44-20 Build to rent misuse amounts

SECTION 44-25 Your build to rent capital works deduction amount

SECTION 44-30 Your build to rent withholding amount

SECTION 44-35 What this Subdivision is about

SECTION 44-40 When tax is payable - original assessments

SECTION 44-45 When tax is payable - amended assessments

SECTION 44-50 General interest charge

SECTION 45-1 What this Division is about

SECTION 45-5 Disposal of leased plant or lease

SECTION 45-10 Disposal of interest in partnership

SECTION 45-15 Disposal of shares in 100 % subsidiary that leases plant

SECTION 45-20 Disposal of shares in 100 % subsidiary that leases plant in partnership

SECTION 45-25 Group members liable to pay outstanding tax

SECTION 45-30 Reduction for certain plant acquired before 21.9.99

SECTION 45-35 Limit on amount included for plant for which there is a CGT exemption

SECTION 45-40 Meaning of plant and written down value

(Repealed) Division 46 - Software

SECTION 50-1 Entities whose ordinary income and statutory income is exempt

SECTION 50-5 Charity, education and science

SECTION 50-10 Community service

SECTION 50-15 Employees and employers

### (Repealed) SECTION 50-20 Funds contributing to other funds

SECTION 50-25 Government

SECTION 50-30 Health

SECTION 50-35 Mining

SECTION 50-40 Primary and secondary resources, and tourism

SECTION 50-45 Sports, culture and recreation

SECTION 50-47 Special condition for all items

SECTION 50-50 Special conditions for item 1.1

SECTION 50-52 Special condition for item 1.1

SECTION 50-55 Special conditions for items 1.3, 1.4, 6.1 and 6.2

### (Repealed) SECTION 50-57 Special condition for item 1.5

### (Repealed) SECTION 50-60 Special conditions for items 1.5A and 1.5B

SECTION 50-65 Special conditions for item 1.6

SECTION 50-70 Special conditions for items 1.7, 2.1, 9.1 and 9.2

SECTION 50-72 Special condition for item 4.1

SECTION 50-75 Certain distributions may be made overseas

### (Repealed) SECTION 50-80 Testamentary trusts may be treated as 2 trusts

SECTION 50-100 What this Subdivision is about

SECTION 50-105 Endorsement by Commissioner

SECTION 50-110 Entitlement to endorsement

### (Repealed) SECTION 50-115 Applying for endorsement

### (Repealed) SECTION 50-120 Dealing with an application for endorsement

### (Repealed) SECTION 50-125 Notifying outcome of application for endorsement

### (Repealed) SECTION 50-130 Date of effect of endorsement

### (Repealed) SECTION 50-135 Review of refusal of endorsement

### (Repealed) SECTION 50-140 Checking entitlement to endorsement

### (Repealed) SECTION 50-145 Telling Commissioner of loss of entitlement to endorsement

### (Repealed) SECTION 50-150 Partnerships and unincorporated bodies

### (Repealed) SECTION 50-155 Revoking endorsement

### (Repealed) SECTION 50-160 Review of revocation of endorsement

SECTION 51-1 Amounts of ordinary income and statutory income that are exempt

SECTION 51-5 Defence

SECTION 51-10 Education and training

### (Repealed) SECTION 51-15 Vice-regal representatives

### (Repealed) SECTION 51-25 Mining

SECTION 51-30 Welfare

SECTION 51-32 Compensation payments for loss of tax exempt payments

SECTION 51-33 Compensation payments for loss of pay and \ or allowances as a Defence reservist

SECTION 51-35 Payments to a full-time student at a school, college or university

SECTION 51-40 Payments to a secondary student

SECTION 51-42 Bonuses for early completion of an apprenticeship

SECTION 51-43 Income collected or derived by copyright collecting society

SECTION 51-45 Income collected or derived by resale royalty collecting society

### (Repealed) SECTION 51-48 Taxable amounts relating to franchise fees windfall tax

### (Repealed) SECTION 51-49 Taxable amounts relating to Commonwealth places windfall tax

SECTION 51-50 Maintenance payments to a spouse or child

SECTION 51-52 Income derived from eligible venture capital investments by ESVCLPs

SECTION 51-54 Gain or profit from disposal of eligible venture capital investments

SECTION 51-55 Gain or profit from disposal of venture capital equity

SECTION 51-57 Interest on judgment debt relating to personal injury

SECTION 51-60 Prime Minister ' s Prizes

### (Repealed) SECTION 51-65 Government co-contribution towards low income earner ' s superannuation

SECTION 51-100 Shipping

SECTION 51-105 Shipping activities

SECTION 51-110 Core shipping activities

SECTION 51-115 Incidental shipping activities

SECTION 51-120 Interest on unclaimed money and property

SECTION 51-125 2018 storms - relief payments

SECTION 52-1 What this Division is about

SECTION 52-5 What this Subdivision is about

SECTION 52-10 How much of a social security payment is exempt ?

SECTION 52-15 Supplementary amounts of payments

SECTION 52-20 Tax-free amount of an ordinary payment after the death of your partner

SECTION 52-25 Tax-free amount of certain bereavement lump sum payments

SECTION 52-30 Tax-free amount of certain other bereavement lump sum payments

SECTION 52-35 Tax-free amount of a lump sum payment made because of the death of a person you are caring for

SECTION 52-40 Provisions of the Social Security Act 1991 under which payments are made

SECTION 52-60 What this Subdivision is about

SECTION 52-65 How much of a veterans ' affairs payment is exempt ?

SECTION 52-70 Supplementary amounts of payments

SECTION 52-75 Provisions of the Veterans ' Entitlements Act 1986 under which payments are made

SECTION 52-100 What this Subdivision is about

SECTION 52-105 Supplementary amount of a payment made under the Repatriation Act 1920 is exempt

SECTION 52-110 Other exempt payments

SECTION 52-112 What this Subdivision is about

SECTION 52-114 How much of a payment under the Military Rehabilitation and Compensation Act is exempt ?

SECTION 52-117 Payments of travelling expenses and pharmaceutical supplement are exempt

SECTION 52-120 Payments of travelling expenses and pharmaceutical supplement are exempt

### (Repealed) SECTION 52-120 Child care assistance and child care rebate are exempt

### (Repealed) SECTION 52-125 Private health insurance incentive payments are exempt

SECTION 52-130 What this Subdivision is about

SECTION 52-131 Payments under ABSTUDY scheme

SECTION 52-132 Supplementary amount of payment

SECTION 52-133 Tax-free amount of ordinary payment on death of partner if no bereavement payment payable

SECTION 52-134 Tax-free amount if you receive a bereavement lump sum payment

SECTION 52-140 Supplementary amount of a Commonwealth education or training payment is exempt

SECTION 52-145 Meaning of Commonwealth education or training payment

SECTION 52-150 Family assistance payments are exempt

SECTION 52-160 Economic security strategy payments are exempt

SECTION 52-162 ETR payments are exempt

SECTION 52-165 Household stimulus payments are exempt

SECTION 52-170 Outer Regional and Remote payments under the Helping Children with Autism package are exempt

SECTION 52-172 Outer Regional and Remote payments under the Better Start for Children with Disability initiative are exempt

SECTION 52-175 Continence aids payments are exempt

SECTION 52-180 National Disability Insurance Scheme amounts are exempt

SECTION 52-185 Acute support packages are exempt

SECTION 53-1 What this Division is about

SECTION 53-10 Exemption of various types of payments

### (Repealed) SECTION 53-15 Supplementary amount of exceptional circumstances relief payment or farm help income support

SECTION 53-20 Exemption of similar Australian and United Kingdom veterans' payments

SECTION 53-25 Coronavirus economic response payment

SECTION 53-30 Territories Stolen Generations Redress Scheme payments are exempt

SECTION 54-1 What this Division is about

SECTION 54-5 Definitions

SECTION 54-10 Meaning of structured settlement and structured order

SECTION 54-15 Personal injury annuity exemption for injured person

SECTION 54-20 Lump sum compensation etc. would not have been assessable

SECTION 54-25 Requirements of the annuity instrument

SECTION 54-30 Requirements for payments of the annuity

SECTION 54-35 Payments during the guarantee period on the death of the injured person

SECTION 54-40 Requirement for minimum monthly level of support

SECTION 54-45 Personal injury lump sum exemption for injured person

SECTION 54-50 Lump sum compensation would not have been assessable

SECTION 54-55 Requirements of the instrument under which the lump sum is paid

SECTION 54-60 Requirements for payments of the lump sum

SECTION 54-65 Exemption for certain payments to reversionary beneficiaries

SECTION 54-70 Special provisions about trusts

SECTION 54-75 Minister to arrange for review and report

SECTION 55-1 What this Division is about

SECTION 55-5 Occupational superannuation payments

SECTION 55-10 Education entry payments

SECTION 58-1 What this Division is about

SECTION 58-5 Application of Division

SECTION 58-10 When an asset is acquired in connection with the acquisition of a business

SECTION 58-60 Purpose of rules in this Subdivision

SECTION 58-65 Choice of method to work out cost of privatised asset

SECTION 58-70 Application of Division 40

SECTION 58-75 Meaning of notional written down value

SECTION 58-80 Meaning of undeducted pre-existing audited book value

SECTION 58-85 Pre-existing audited book value of depreciating asset

SECTION 58-90 Method and effective life for transition entity

SECTION 59-1 What this Division is about

### (Repealed) SECTION 59-5 Bonus payments made to certain older Australians

SECTION 59-10 Compensation under firearms surrender arrangements

SECTION 59-15 Mining payments

SECTION 59-20 Taxable amounts relating to franchise fees windfall tax

SECTION 59-25 Taxable amounts relating to Commonwealth places windfall tax

SECTION 59-30 Amounts you must repay

SECTION 59-35 Amounts that would be mutual receipts but for prohibition on distributions to members or issue of MCIs

SECTION 59-40 Issue of rights

### (Repealed) SECTION 59-45 Tax bonus for the 2007-08 income year

SECTION 59-50 Native title benefits

SECTION 59-55 2019-20 bushfires - payments for volunteer work with fire services

SECTION 59-60 2019-20 bushfires - disaster relief payments and non-cash benefits

SECTION 59-65 Water infrastructure improvement payments

SECTION 59-67 Meaning of SRWUIP program, SRWUIP payment, direct SRWUIP payment and indirect SRWUIP payment

SECTION 59-70 List of SRWUIP programs

SECTION 59-75 Commissioner to be kept informed

SECTION 59-80 Amending assessments

SECTION 59-85 2019 floods - recovery grants for small businesses, primary producers and non-profit organisations

SECTION 59-86 2019 floods - on-farm grant program for primary producers

SECTION 59-90 Cash flow boost

SECTION 59-95 Coronavirus economic response payment

SECTION 59-96 COVID-19 disaster payment

SECTION 59-97 State and Territory grants to small business relating to the recovery from the coronavirus known as COVID-19

SECTION 59-98 Commonwealth small business support payments relating to the coronavirus known as COVID-19

SECTION 59-99 2021 floods and storms - recovery grants

SECTION 59-100 Refund of large-scale generation shortfall charge

SECTION 59-105 Cyclone Seroja - recovery grants

SECTION 61-1 What this Subdivision is about

SECTION 61-5 Object of this Subdivision

SECTION 61-10 Who is entitled to the tax offset

SECTION 61-15 Cases involving more than one spouse

SECTION 61-20 Exceeding the income limit for family tax benefit (Part B)

SECTION 61-25 Eligibility for family tax benefit (Part B) without shared care

SECTION 61-30 Amount of the dependant (invalid and carer) tax offset

SECTION 61-35 Families with shared care percentages

SECTION 61-40 Reduced amounts of dependant (invalid and carer) tax offset

SECTION 61-45 Reductions to take account of the other individual ' s income

SECTION 61-100 What this Subdivision is about

### (Repealed) SECTION 61-105 Entitlement to the Low and Middle Income tax offset

### (Repealed) SECTION 61-107 Amount of the Low and Middle Income tax offset

SECTION 61-110 Entitlement to the Low Income tax offset

SECTION 61-115 Amount of the Low Income tax offset

SECTION 61-200 What this Subdivision is about

SECTION 61-205 Entitlement to the private health insurance tax offset

SECTION 61-210 Amount of the private health insurance tax offset

SECTION 61-215 Reallocation of the private health insurance tax offset between spouses

### (Repealed) SECTION 61-220 How to work out the incentive amount

### (Repealed) SECTION 61-330 What this Subdivision is about

### (Repealed) SECTION 61-335 Entitlement to the private health insurance tax offset

### (Repealed) SECTION 61-340 Amount of the private health insurance tax offset

### (Repealed) SECTION 61-342 Saving provision where a person 65 years or over ceases to be covered by policy

### (Repealed) SECTION 61-345 How to work out the incentive amount

### (Repealed) SECTION 61-350 What this Subdivision is about

### (Repealed) SECTION 61-355 Who is entitled to a tax offset under this section

### (Repealed) SECTION 61-360 What is a child event?

### (Repealed) SECTION 61-365 First child only

### (Repealed) SECTION 61-370 Another carer with entitlement for another child

### (Repealed) SECTION 61-375 Selection rules

### (Repealed) SECTION 61-380 Special rules for death of first child

### (Repealed) SECTION 61-385 You may transfer your entitlement to a tax offset

### (Repealed) SECTION 61-390 Transfer is irrevocable

### (Repealed) SECTION 61-395 Transferor is not entitled to tax offset

### (Repealed) SECTION 61-400 Transferee is entitled to tax offset

### (Repealed) SECTION 61-405 How to claim a tax offset for a child

### (Repealed) SECTION 61-410 Claim is irrevocable

### (Repealed) SECTION 61-415 Formula for working out amount of tax offset

### (Repealed) SECTION 61-420 Component of formula - entitlement amount

### (Repealed) SECTION 61-425 Component of formula - total of the entitlement days

### (Repealed) SECTION 61-430 What is your base year?

### (Repealed) SECTION 61-440 Additional tax offset if a child is in your care before you legally adopt the child

### (Repealed) SECTION 61-445 When a child is first in your care

### (Repealed) SECTION 61-450 What is your base year if a child is in your care before you legally adopt the child?

### (Repealed) SECTION 61-455 Old Subdivision applies if you would be worse off

### (Repealed) SECTION 61-460 What this Subdivision is about

### (Repealed) SECTION 61-465 Object of this Subdivision

### (Repealed) SECTION 61-470 Who is entitled to the tax offset

### (Repealed) SECTION 61-475 Meaning of approved child care

### (Repealed) SECTION 61-480 Meaning of entitled to child care benefit and entitlement to child care benefit

### (Repealed) SECTION 61-485 Amount of the child care tax offset

### (Repealed) SECTION 61-490 Component of formula - approved child care fees

### (Repealed) SECTION 61-495 Component of formula - child care offset limit

### (Repealed) SECTION 61-496 Entitlement to transfer

### (Repealed) SECTION 61-497 Form of transfer

(Repealed) Subdivision 61-J - 25 % entrepreneurs ' tax offset

### (Repealed) SECTION 61-550 What this Subdivision is about

### (Repealed) SECTION 61-555 Object of this Subdivision

### (Repealed) SECTION 61-560 Entitlement to the mature age worker tax offset

### (Repealed) SECTION 61-565 The amount of the tax offset

### (Repealed) SECTION 61-570 Definition of net income from working

SECTION 61-575 What this Subdivision is about

SECTION 61-580 Entitlement to a tax offset

SECTION 61-585 The amount of a tax offset

SECTION 61-590 Definition of MLS lump sums

### (Repealed) SECTION 61-600 What this Subdivision is about

### (Repealed) SECTION 61-610 Entitlement to education expenses tax offset

### (Repealed) SECTION 61-620 Eligibility in respect of another individual

### (Repealed) SECTION 61-630 Schooling requirement

### (Repealed) SECTION 61-640 Education expenses

### (Repealed) SECTION 61-650 Amount of education expenses tax offset

### (Repealed) SECTION 61-660 Education expenses tax offset limit

### (Repealed) SECTION 61-670 Shared care

### (Repealed) SECTION 61-680 Excess education expenses

SECTION 61-695 What this Subdivision is about

SECTION 61-700 Object of this Subdivision

SECTION 61-705 Who is entitled to the seafarer tax offset

SECTION 61-710 Amount of the seafarer tax offset

SECTION 61-750 What this Subdivision is about

SECTION 61-755 Object of this Subdivision

SECTION 61-760 Who is entitled to the ESVCLP tax offset

SECTION 61-765 Amount of the ESVCLP tax offset - general case

SECTION 61-770 Amount of the ESVCLP tax offset - members of trusts or partnerships

SECTION 61-775 Amount of the ESVCLP tax offset - trustees

SECTION 63-1 What this Division is about

SECTION 63-10 Priority rules

SECTION 65-10 What this Division is about

### (Repealed) SECTION 65-20 Which tax offsets this Division applies to

### (Repealed) SECTION 65-25 When you can carry forward a tax offset

SECTION 65-30 Amount carried forward

SECTION 65-35 How to apply carried forward tax offsets

SECTION 65-40 When a company cannot apply a tax offset

SECTION 65-50 Effect of bankruptcy

SECTION 65-55 Deduction for amounts paid for debts incurred before bankruptcy

SECTION 67-10 What this Division is about

SECTION 67-20 Which tax offsets this Division applies to

SECTION 67-23 Refundable tax offsets

SECTION 67-25 Refundable tax offsets - franked distributions

SECTION 67-30 Refundable tax offsets - R & D

SECTION 67-35 Amount of refund

SECTION 70-1 What this Division is about

SECTION 70-5 The 3 key features of tax accounting for trading stock

SECTION 70-10 Meaning of trading stock

SECTION 70-12 Registered emissions units

SECTION 70-15 In which income year do you deduct an outgoing for trading stock?

SECTION 70-20 Non-arm ' s length transactions

SECTION 70-25 Cost of trading stock is not a capital outgoing

SECTION 70-30 Starting to hold as trading stock an item you already own

SECTION 70-35 You include the value of your trading stock in working out your assessable income and deductions

SECTION 70-40 Value of trading stock at start of income year

SECTION 70-45 Value of trading stock at end of income year

SECTION 70-50 Valuation if trading stock obsolete etc.

SECTION 70-55 Working out the cost of natural increase of live stock

SECTION 70-60 Valuation of horse breeding stock

SECTION 70-65 Working out the horse opening value and the horse reduction amount

### (Repealed) SECTION 70-70 Valuing interests in FIFs

SECTION 70-75 What this Subdivision is about

SECTION 70-80 Why the rules in this Subdivision are necessary

SECTION 70-85 Application of this Subdivision to certain other assets

SECTION 70-90 Assessable income on disposal of trading stock outside the ordinary course of business

SECTION 70-95 Purchase price is taken to be market value

SECTION 70-100 Notional disposal when you stop holding an item as trading stock

SECTION 70-105 Death of owner

SECTION 70-110 You stop holding an item as trading stock but still own it

SECTION 70-115 Compensation for lost trading stock

SECTION 70-120 Deducting capital costs of acquiring trees

SECTION 80-1 What this Division is about

SECTION 80-5 Holding of an office

SECTION 80-10 Application to the termination of employment

SECTION 80-15 Transfer of property

SECTION 80-20 Payments for your benefit or at your direction or request

SECTION 82-1 What this Division is about

SECTION 82-5 What this Subdivision is about

SECTION 82-10 Taxation of life benefit termination payments

SECTION 82-60 What this Subdivision is about

SECTION 82-65 Death benefits for dependants

SECTION 82-70 Death benefits for non-dependants

SECTION 82-75 Death benefits paid to trustee of deceased estate

SECTION 82-125 What this Subdivision is about

SECTION 82-130 What is an employment termination payment ?

SECTION 82-135 Payments that are not employment termination payments

SECTION 82-140 Tax free component of an employment termination payment

SECTION 82-145 Taxable component of an employment termination payment

SECTION 82-150 What is an invalidity segment of an employment termination payment?

SECTION 82-155 What is a pre-July 83 segment of an employment termination payment?

SECTION 82-160 What is the ETP cap amount?

SECTION 83-1 What this Division is about

SECTION 83-5 What this Subdivision is about

SECTION 83-10 Unused annual leave payment is assessable

SECTION 83-15 Entitlement to tax offset

SECTION 83-65 What this Subdivision is about

SECTION 83-70 Application - long service leave

SECTION 83-75 Meaning of unused long service leave payment

SECTION 83-80 Taxation of unused long service leave payments

SECTION 83-85 Entitlement to tax offset

SECTION 83-90 Meaning of pre-16 \ 8 \ 78 period, pre-18 \ 8 \ 93 period, post-17 \ 8 \ 93 period and long service leave employment period

SECTION 83-95 How to work out amount of payment attributable to each period

SECTION 83-100 How to work out unused days of long service leave for each period

SECTION 83-105 How to work out long service leave accrued in each period

SECTION 83-110 Leave accrued in pre-16 \ 8 \ 78, pre-18 \ 8 \ 93 and post-17 \ 8 \ 93 periods - employment full-time and part-time

SECTION 83-115 Working out used days of long service leave if leave taken at less than full pay

SECTION 83-165 What this Subdivision is about

SECTION 83-170 Tax-free treatment of genuine redundancy payments and early retirement scheme payments

SECTION 83-175 What is a genuine redundancy payment ?

SECTION 83-180 What is an early retirement scheme payment ?

SECTION 83-230 What this Subdivision is about

SECTION 83-235 Termination payments tax free - foreign resident period

SECTION 83-240 Termination payments tax free - Australian resident period

SECTION 83-290 What this Subdivision is about

SECTION 83-295 Termination payments made more than 12 months after termination etc.

SECTION 83A-1 What this Division is about

SECTION 83A-5 Objects of Division

SECTION 83A-10 Meaning of ESS interest and employee share scheme

SECTION 83A-15 What this Subdivision is about

SECTION 83A-20 Application of Subdivision

SECTION 83A-25 Discount to be included in assessable income

SECTION 83A-30 Amount for which discounted ESS interest acquired

SECTION 83A-33 Reducing amounts included in assessable income - start ups

SECTION 83A-35 Reducing amounts included in assessable income - other cases

SECTION 83A-45 Further conditions for reducing amounts included in assessable income

SECTION 83A-100 What this Subdivision is about

SECTION 83A-105 Application of Subdivision

SECTION 83A-110 Amount to be included in assessable income

SECTION 83A-115 ESS deferred taxing point - shares

SECTION 83A-120 ESS deferred taxing point - rights to acquire shares

SECTION 83A-125 Tax treatment of ESS interests held after ESS deferred taxing points

SECTION 83A-130 Takeovers and restructures

SECTION 83A-200 What this Subdivision is about

SECTION 83A-205 Deduction for employer

SECTION 83A-210 Timing of general deductions

SECTION 83A-305 Acquisition by associates

SECTION 83A-310 Forfeiture etc. of ESS interest

SECTION 83A-315 Market value of ESS interest

SECTION 83A-320 Interests in a trust

SECTION 83A-325 Application of Division to relationships similar to employment

SECTION 83A-330 Application of Division to ceasing employment

SECTION 83A-335 Application of Division to stapled securities

SECTION 83A-340 Application of Division to indeterminate rights

SECTION 84-1 What this Part is about

SECTION 84-5 Meaning of personal services income

SECTION 84-10 This Part does not imply that individuals are employees

SECTION 85-1 What this Division is about

SECTION 85-5 Object of this Division

SECTION 85-10 Deductions for non-employees relating to personal services income

SECTION 85-15 Deductions for rent, mortgage interest, rates and land tax

SECTION 85-20 Deductions for payments to associates etc.

SECTION 85-25 Deductions for superannuation for associates

SECTION 85-30 Exception: personal services businesses

SECTION 85-35 Exception: employees, office holders and religious practitioners

SECTION 85-40 Application of Subdivision 900-B to individuals who are not employees

SECTION 86-1 What this Division is about

SECTION 86-5 A simple description of what this Division does

SECTION 86-10 Object of this Division

SECTION 86-15 Effect of obtaining personal services income through a personal services entity

SECTION 86-20 Offsetting the personal services entity ' s deductions against personal services income

SECTION 86-25 Apportionment of entity maintenance deductions among several individuals

SECTION 86-27 Deduction for net personal services income loss

SECTION 86-30 Assessable income etc. of the personal services entity

SECTION 86-35 Later payments of, or entitlements to, personal services income to be disregarded for income tax purposes

SECTION 86-40 Salary payments shortly after an income year

SECTION 86-60 General rule for deduction entitlements of personal services entities

SECTION 86-65 Entity maintenance deductions

SECTION 86-70 Car expenses

SECTION 86-75 Superannuation

SECTION 86-80 Salary or wages promptly paid

SECTION 86-85 Deduction entitlements of personal services entities for amounts included in an individual's assessable income

SECTION 86-87 Personal services entity cannot deduct net personal services income loss

SECTION 86-90 Application of Divisions 28 and 900 to personal services entities

SECTION 87-1 What this Division is about

SECTION 87-5 Diagram showing the operation of this Division

SECTION 87-10 Object of this Division

SECTION 87-15 What is a personal services business?

SECTION 87-18 The results test for a personal services business

SECTION 87-20 The unrelated clients test for a personal services business

SECTION 87-25 The employment test for a personal services business

SECTION 87-30 The business premises test for a personal services business

SECTION 87-35 Personal services income from Australian government agencies

SECTION 87-40 Application of this Division to certain agents

### (Repealed) SECTION 87-55 Effect of personal services business determinations

SECTION 87-60 Personal services business determinations for individuals

SECTION 87-65 Personal services business determinations for personal services entities

SECTION 87-70 Applying etc. for personal services business determinations

SECTION 87-75 When personal services business determinations have effect

SECTION 87-80 Revoking personal services business determinations

SECTION 87-85 Review of decisions

SECTION 100-1
to
SECTION 727-910

SECTION 100-1 What this Division is about

SECTION 100-5 Effect of this Division

SECTION 100-10 Fundamentals of CGT

SECTION 100-15 Overview of Steps 1 and 2

SECTION 100-20 What events attract CGT?

SECTION 100-25 What are CGT assets?

SECTION 100-30 Does an exception or exemption apply?

SECTION 100-33 Can there be a roll-over?

SECTION 100-35 What is a capital gain or loss?

SECTION 100-40 What factors come into calculating a capital gain or loss?

SECTION 100-45 How to calculate the capital gain or loss for most CGT events

SECTION 100-50 How to work out your net capital gain or loss

SECTION 100-55 How do you comply with CGT?

SECTION 100-60 Why keep records?

SECTION 100-65 What records?

SECTION 100-70 How long you need to keep records

SECTION 102-1 What this Division is about

SECTION 102-3 Concessions in working out your net capital gain

SECTION 102-5 Assessable income includes net capital gain

SECTION 102-10 How to work out your net capital loss

SECTION 102-15 How to apply net capital losses

SECTION 102-20 Ways you can make a capital gain or a capital loss

SECTION 102-22 Amounts of capital gains and losses

SECTION 102-23 CGT event still happens even if gain or loss disregarded

SECTION 102-25 Order of application of CGT events

SECTION 102-30 Exceptions and modifications

SECTION 103-1 What this Division is about

SECTION 103-5 Giving property as part of a transaction

SECTION 103-10 Entitlement to receive money or property

SECTION 103-15 Requirement to pay money or give property

### (Repealed) SECTION 103-20 Amounts to be expressed in Australian currency

SECTION 103-25 Choices

SECTION 103-30 Reduction of cost base etc. by net input tax credits

SECTION 104-1 What this Division is about

SECTION 104-5 Summary of the CGT events

SECTION 104-10 Disposal of a CGT asset: CGT event A1

SECTION 104-15 Use and enjoyment before title passes: CGT event B1

SECTION 104-20 Loss or destruction of a CGT asset: CGT event C1

SECTION 104-25 Cancellation, surrender and similar endings: CGT event C2

SECTION 104-30 End of option to acquire shares etc.: CGT event C3

SECTION 104-35 Creating contractual or other rights: CGT event D1

SECTION 104-40 Granting an option: CGT event D2

SECTION 104-45 Granting a right to income from mining: CGT event D3

SECTION 104-47 Conservation covenants: CGT event D4

SECTION 104-55 Creating a trust over a CGT asset: CGT event E1

SECTION 104-60 Transferring a CGT asset to a trust: CGT event E2

SECTION 104-65 Converting a trust to a unit trust: CGT event E3

SECTION 104-70 Capital payment for trust interest: CGT event E4

SECTION 104-71 Adjustment of non-assessable part

SECTION 104-72 Reducing your capital gain under CGT event E4 if you are a trustee

SECTION 104-75 Beneficiary becoming entitled to a trust asset: CGT event E5

SECTION 104-80 Disposal to beneficiary to end income right: CGT event E6

SECTION 104-85 Disposal to beneficiary to end capital interest: CGT event E7

SECTION 104-90 Disposal by beneficiary of capital interest: CGT event E8

SECTION 104-95 Making a capital gain

SECTION 104-100 Making a capital loss

SECTION 104-105 Creating a trust over future property: CGT event E9

SECTION 104-107A AMIT - cost base reduction exceeds cost base: CGT event E10

SECTION 104-107B Annual cost base adjustment for member ' s unit or interest in AMIT

SECTION 104-107C AMIT cost base net amount

SECTION 104-107D AMIT cost base reduction amount

SECTION 104-107E AMIT cost base increase amount

SECTION 104-107F Receipt of money etc. increasing AMIT cost base reduction amount not to be treated as income

SECTION 104-107G Effect of AMIT cost base net amount on cost of AMIT membership interest or unit that is a revenue asset - adjustment of cost of asset

SECTION 104-107H Effect of AMIT cost base net amount on cost of AMIT membership interest or unit that is a revenue asset - amount included in assessable income

SECTION 104-110 Granting a lease: CGT event F1

SECTION 104-115 Granting a long-term lease: CGT event F2

SECTION 104-120 Lessor pays lessee to get lease changed: CGT event F3

SECTION 104-125 Lessee receives payment for changing lease: CGT event F4

SECTION 104-130 Lessor receives payment for changing lease: CGT event F5

SECTION 104-135 Capital payment for shares: CGT event G1

### (Repealed) SECTION 104-140 Shifts in share values: CGT event G2

SECTION 104-145 Liquidator or administrator declares shares or financial instruments worthless: CGT event G3

SECTION 104-150 Forfeiture of deposit: CGT event H1

SECTION 104-155 Receipt for event relating to a CGT asset: CGT event H2

SECTION 104-160 Individual or company stops being an Australian resident: CGT event I1

SECTION 104-165 Exception for individuals

### (Repealed) SECTION 104-166 Subsection 104-165(1) still applies if you continue to be a short term Australian resident

SECTION 104-170 Trust stops being a resident trust: CGT event I2

SECTION 104-175 Company ceasing to be member of wholly-owned group after roll-over: CGT event J1

SECTION 104-180 Sub-group break-up

SECTION 104-182 Consolidated group break-up

SECTION 104-185 Change in relation to replacement asset or improved asset after a roll-over under Subdivision 152-E: CGT event J2

SECTION 104-190 Replacement asset period

SECTION 104-195 Trust failing to cease to exist after roll-over under Subdivision 124-N: CGT event J4

SECTION 104-197 Failure to acquire replacement asset and to incur fourth element expenditure after a roll-over under Subdivision 152-E: CGT event J5

SECTION 104-198 Cost of acquisition of replacement asset or amount of fourth element expenditure, or both, not sufficient to cover disregarded capital gain: CGT event J6

SECTION 104-205 Incoming international transfer of emissions unit: CGT event K1

SECTION 104-210 Bankrupt pays amount in relation to debt: CGT event K2

SECTION 104-215 Asset passing to tax-advantaged entity: CGT event K3

SECTION 104-220 CGT asset starts being trading stock: CGT event K4

SECTION 104-225 Special collectable losses: CGT event K5

SECTION 104-230 Pre-CGT shares or trust interest: CGT event K6

SECTION 104-235 Balancing adjustment events for depreciating assets and certain assets used for R & D: CGT event K7

SECTION 104-240 Working out capital gain or loss for CGT event K7: general case

SECTION 104-245 Working out capital gain or loss for CGT event K7: pooled assets

SECTION 104-250 Direct value shifts: CGT event K8

SECTION 104-255 Carried interests: CGT event K9

SECTION 104-260 Certain short-term forex realisation gains: CGT event K10

SECTION 104-265 Certain short-term forex realisation losses: CGT event K11

SECTION 104-270 Foreign hybrids: CGT event K12

SECTION 104-500 Loss of pre-CGT status of membership interests in entity becoming subsidiary member: CGT event L1

SECTION 104-505 Where pre-formation intra-group roll-over reduction results in negative allocable cost amount: CGT event L2

SECTION 104-510 Where tax cost setting amounts for retained cost base assets exceeds joining allocable cost amount: CGT event L3

SECTION 104-515 Where no reset cost base assets and excess of net allocable cost amount on joining: CGT event L4

SECTION 104-520 Where amount remaining after step 4 of leaving allocable cost amount is negative: CGT event L5

SECTION 104-525 Error in calculation of tax cost setting amount for joining entity ' s assets: CGT event L6

### (Repealed) SECTION 104-530 Discharged amount of liability differs from amount for allocable cost amount purposes: CGT event L7

SECTION 104-535 Where reduction in tax cost setting amounts for reset cost base assets cannot be allocated: CGT event L8

SECTION 106-1 What this Division is about

SECTION 106-5 Partnerships

SECTION 106-30 Effect of bankruptcy

SECTION 106-35 Effect of liquidation

SECTION 106-50 Absolutely entitled beneficiaries

SECTION 106-60 Securities, charges and encumbrances

SECTION 108-1 What this Division is about

SECTION 108-5 CGT assets

SECTION 108-7 Interest in CGT assets as joint tenants

SECTION 108-10 Losses from collectables to be offset only against gains from collectables

SECTION 108-15 Sets of collectables

SECTION 108-17 Cost base of a collectable

SECTION 108-20 Losses from personal use assets must be disregarded

SECTION 108-25 Sets of personal use assets

SECTION 108-30 Cost base of a personal use asset

SECTION 108-50 What this Subdivision is about

SECTION 108-55 When is a building a separate asset from land?

SECTION 108-60 Depreciating asset that is part of a building is a separate asset

SECTION 108-65 Land adjacent to land acquired before 20 September 1985

SECTION 108-70 When is a capital improvement a separate asset?

SECTION 108-75 Capital improvements to CGT assets for which a roll-over may be available

SECTION 108-80 Deciding if capital improvements are related to each other

SECTION 108-85 Meaning of improvement threshold

SECTION 109-1 What this Division is about

SECTION 109-5 General acquisition rules

SECTION 109-10 When you acquire a CGT asset without a CGT event

### (Repealed) SECTION 109-15 Exceptions

SECTION 109-50 Effect of this Subdivision

SECTION 109-55 Other acquisition rules

SECTION 109-60 Acquisition rules outside this Part and Part 3-3

SECTION 110-1 What this Division is about

SECTION 110-5 Modifications to general rules

SECTION 110-10 Rules about cost base not relevant for some CGT events

SECTION 110-25 General rules about cost base

### (Repealed) SECTION 110-30 Cost base of partnership assets

SECTION 110-35 Incidental costs

SECTION 110-36 Indexation

SECTION 110-37 Expenditure forming part of cost base or element

SECTION 110-38 Exclusions

SECTION 110-40 Assets acquired before 7.30 pm on 13 May 1997

SECTION 110-43 Partnership interests acquired before 7.30 pm on 13 May 1997

SECTION 110-45 Assets acquired after 7.30 pm on 13 May 1997

SECTION 110-50 Partnership interests acquired after 7.30 pm on 13 May 1997

SECTION 110-53 Exceptions to application of sections 110-45 and 110-50

SECTION 110-54 Debt deductions disallowed by thin capitalisation rules

SECTION 110-55 General rules about reduced cost base

SECTION 110-60 Reduced cost base for partnership assets

SECTION 112-1 What this Division is about

SECTION 112-5 Discussion of modifications

SECTION 112-15 General rule for replacement modifications

SECTION 112-20 Market value substitution rule

SECTION 112-25 Split, changed or merged assets

SECTION 112-30 Apportionment rules

SECTION 112-35 Assumption of liability rule

SECTION 112-36 Acquisitions of assets involving look-through earnout rights

SECTION 112-37 Put options

### (Repealed) SECTION 112-38 Geothermal extraction rights

SECTION 112-40 Effect of this Subdivision

SECTION 112-45 CGT events

SECTION 112-46 Annual cost base adjustment for member ' s unit or interest in AMIT

SECTION 112-48 Gifts acquired by associates

SECTION 112-50 Main residence

SECTION 112-53 Scrip for scrip roll-over

SECTION 112-53AA Statutory licences

SECTION 112-53AB Change of incorporation

SECTION 112-53A MDO roll-over

SECTION 112-53B Exchange of stapled ownership interests for units in a unit trust

SECTION 112-53C Water entitlement roll-overs

SECTION 112-54 Demergers

SECTION 112-54A Transfer of assets between certain trusts

SECTION 112-55 Effect of you dying

SECTION 112-60 Bonus shares or units

SECTION 112-65 Rights

SECTION 112-70 Convertible interests

### (Repealed) SECTION 112-75 Employee share schemes

SECTION 112-77 Exchangeable interests

SECTION 112-78 Exploration investments

SECTION 112-80 Leases

SECTION 112-85 Options

SECTION 112-87 Residency

SECTION 112-90 An asset stops being a pre-CGT asset

SECTION 112-92 Demutualisation of certain entities

SECTION 112-95 Transfer of tax losses and net capital losses within wholly-owned groups of companies

SECTION 112-97 Modifications outside this Part and Part 3-3

SECTION 112-100 Effect of this Subdivision

SECTION 112-105 What is a replacement-asset roll-over?

SECTION 112-110 How is the cost base of the replacement asset modified?

SECTION 112-115 Table of replacement-asset roll-overs

SECTION 112-135 Effect of this Subdivision

SECTION 112-140 What is a same-asset roll-over?

SECTION 112-145 How is the cost base of the asset modified?

SECTION 112-150 Table of same-asset roll-overs

SECTION 114-1 Indexing elements of cost base

SECTION 114-5 When indexation relevant

SECTION 114-10 Requirement for 12 months ownership

SECTION 114-15 Cost base modifications

SECTION 114-20 When expenditure is incurred for roll-overs

SECTION 115-1 What this Division is about

SECTION 115-5 What is a discount capital gain ?

SECTION 115-10 Who can make a discount capital gain?

SECTION 115-15 Discount capital gain must be made after 21 September 1999

SECTION 115-20 Discount capital gain must not have indexed cost base

SECTION 115-25 Discount capital gain must be on asset acquired at least 12 months before

SECTION 115-30 Special rules about time of acquisition

SECTION 115-32 Special rule about time of acquisition for certain replacement-asset roll-overs

SECTION 115-34 Further special rule about time of acquisition for certain replacement-asset roll-overs

SECTION 115-40 Capital gain resulting from agreement made within a year of acquisition

SECTION 115-45 Capital gain from equity in an entity with newly acquired assets

SECTION 115-50 Discount capital gain from equity in certain entities

SECTION 115-55 Capital gains involving money received from demutualisation of friendly society health or life insurer

### (Repealed) SECTION 115-60 Discount capital gain from CGT event E4

SECTION 115-100 What is the discount percentage for a discount capital gain

SECTION 115-105 Foreign or temporary residents - individuals with direct gains

SECTION 115-110 Foreign or temporary residents - individuals with trust gains

SECTION 115-115 Foreign or temporary residents - percentage for individuals

SECTION 115-120 Foreign or temporary residents - trusts with certain gains

SECTION 115-125 Investors disposing of property used for affordable housing

SECTION 115-200 What this Division is about

SECTION 115-210 When this Subdivision applies

SECTION 115-215 Assessing presently entitled beneficiaries

SECTION 115-220 Assessing trustees under section 98 of the Income Tax Assessment Act 1936

SECTION 115-222 Assessing trustees under section 99 or 99A of the Income Tax Assessment Act 1936

SECTION 115-225 Attributable gain

SECTION 115-227 Share of a capital gain

SECTION 115-228 Specifically entitled to an amount of a capital gain

SECTION 115-230 Choice for resident trustee to be specifically entitled to capital gain

SECTION 115-275 What this Subdivision is about

SECTION 115-280 Deduction for certain dividends

SECTION 115-285 Meaning of LIC capital gain

SECTION 115-290 Meaning of listed investment company

SECTION 115-295 Maintaining records

SECTION 116-1 What this Division is about

SECTION 116-5 General rules

SECTION 116-10 Modifications to general rules

SECTION 116-20 General rules about capital proceeds

SECTION 116-25 Table of modifications to the general rules

SECTION 116-30 Market value substitution rule: modification 1

SECTION 116-35 Companies and trusts that are not widely held

SECTION 116-40 Apportionment rule: modification 2

SECTION 116-45 Non-receipt rule: modification 3

SECTION 116-50 Repaid rule: modification 4

SECTION 116-55 Assumption of liability rule: modification 5

SECTION 116-60 Misappropriation rule: modification 6

SECTION 116-65 Disposal etc. of a CGT asset the subject of an option

SECTION 116-70 Option requiring both acquisition and disposal etc.

SECTION 116-75 Special rule for CGT event happening to a lease

SECTION 116-80 Special rule if CGT asset is shares or an interest in a trust

SECTION 116-85 Section 47A of 1936 Act applying to rolled-over asset

SECTION 116-95 Company changes residence from an unlisted country

SECTION 116-100 Gifts of property

SECTION 116-105 Conservation covenants

SECTION 116-110 Roll-overs for merging superannuation funds

SECTION 116-115 Farm-in farm-out arrangements

SECTION 116-120 Disposals of assets involving look-through earnout rights

SECTION 118-1 What this Division is about

SECTION 118-5 Cars, motor cycles and valour decorations

SECTION 118-10 Collectables and personal use assets

SECTION 118-12 Assets used to produce exempt income etc.

SECTION 118-13 Shares in a PDF

SECTION 118-15 Registered emissions units

SECTION 118-20 Reducing capital gains if amount otherwise assessable

SECTION 118-21 Carried interests

SECTION 118-22 Superannuation lump sums and employment termination payments

SECTION 118-24 Depreciating assets

SECTION 118-25 Trading stock

SECTION 118-27 Division 230 financial arrangements and financial arrangements to which Subdivision 250-E applies

SECTION 118-30 Film copyright

SECTION 118-35 R & D

SECTION 118-37 Compensation, damages etc.

SECTION 118-40 Expiry of a lease

SECTION 118-42 Transfer of stratum units

SECTION 118-45 Sale of rights to mine

SECTION 118-55 Foreign currency hedging gains and losses

SECTION 118-60 Certain gifts

SECTION 118-65 Later distributions of personal services income

SECTION 118-70 Transactions by exempt entities

SECTION 118-75 Marriage or relationship breakdown settlements

SECTION 118-77 Native title and rights to native title benefits

SECTION 118-80 Reduction of boat capital gain

SECTION 118-85 Special disability trusts

SECTION 118-100 What this Subdivision is about

SECTION 118-105 Map of this Subdivision

SECTION 118-110 Basic case

SECTION 118-115 Meaning of dwelling

SECTION 118-120 Extension to adjacent land etc.

SECTION 118-125 Meaning of ownership period

SECTION 118-130 Meaning of ownership interest in land or a dwelling

SECTION 118-135 Moving into a dwelling

SECTION 118-140 Changing main residences

SECTION 118-145 Absences

SECTION 118-147 Absence from dwelling replacing main residence that was compulsorily acquired, destroyed etc.

SECTION 118-150 If you build, repair or renovate a dwelling

SECTION 118-155 Where individual referred to in section 118-150 dies

SECTION 118-160 Destruction of dwelling and sale of land

SECTION 118-165 Separate CGT event for adjacent land or other structures

SECTION 118-170 Spouse having different main residence

SECTION 118-175 Dependent child having different main residence

SECTION 118-178 Previous roll-over under Subdivision 126-A

SECTION 118-180 Acquisition of dwelling from company or trust on marriage or relationship breakdown - roll-over provision applying

SECTION 118-185 Partial exemption where dwelling was your main residence during part only of ownership period

SECTION 118-190 Use of dwelling for producing assessable income

SECTION 118-192 Special rule for first use to produce income

SECTION 118-195 Dwelling acquired from a deceased estate

SECTION 118-197 Special rule for surviving joint tenant

SECTION 118-200 Partial exemption for deceased estate dwellings

SECTION 118-205 Adjustment if dwelling inherited from deceased individual

SECTION 118-210 Trustee acquiring dwelling under will

SECTION 118-215 What the following provisions are about

SECTION 118-218 Exemption available to trustee - main case

SECTION 118-220 Exemption available to trustee - after the principal beneficiary ' s death

SECTION 118-222 Exemption available to other beneficiary who acquires the CGT asset after the principal beneficiary ' s death

SECTION 118-225 Amount of exemption available after the principal beneficiary ' s death - general

SECTION 118-227 Amount of exemption available after the principal beneficiary ' s death - cost base and reduced cost base

SECTION 118-230 Application of CGT events E5 and E7 in relation to main residence exemption and special disability trusts

SECTION 118-240 What the following provisions are about

SECTION 118-245 CGT events happening only to adjacent land

SECTION 118-250 Compulsory acquisitions of adjacent land

SECTION 118-255 Maximum exempt area

SECTION 118-260 Partial exemption rules

SECTION 118-265 Extension to adjacent structures

(Repealed) Subdivision 118-C - Goodwill

SECTION 118-300 Insurance policies

SECTION 118-305 Superannuation

SECTION 118-310 RSA's

SECTION 118-313 Superannuation agreements under the Family Law Act

SECTION 118-315 Segregated exempt assets of life insurance companies

SECTION 118-320 Segregated current pension assets of a complying superannuation entity

SECTION 118-350 Units in pooled superannuation trusts

### (Repealed) SECTION 118-355 Segregated exempt superannuation assets of pooled superannuation trust

SECTION 118-400 What this Subdivision is about

SECTION 118-405 Exemption for certain foreign venture capital investments through venture capital limited partnerships

SECTION 118-407 Exemption for certain venture capital investments through early stage venture capital limited partnerships

SECTION 118-408 Partial exemption for some capital gains otherwise fully exempt under section 118-407

SECTION 118-410 Exemption for certain foreign venture capital investments through Australian venture capital funds of funds

SECTION 118-415 Exemption for certain venture capital investments by foreign residents

SECTION 118-420 Meaning of eligible venture capital partner etc.

SECTION 118-425 Meaning of eligible venture capital investment - investments in companies

SECTION 118-427 Meaning of eligible venture capital investment - investments in unit trusts

SECTION 118-428 Additional investment requirements for ESVCLPs

SECTION 118-430 Meaning of at risk

SECTION 118-432 Findings of substantially novel applications of technology

SECTION 118-435 Special rule relating to investment in foreign resident holding companies

SECTION 118-440 Meaning of permitted entity value

SECTION 118-445 Meaning of committed capital

SECTION 118-450 Values of assets and investments of entities without auditors

SECTION 118-455 Impact Assessment of this Subdivision

SECTION 118-500 What this Subdivision is about

SECTION 118-505 Exemption for certain foreign venture capital

SECTION 118-510 Meaning of resident investment vehicle

SECTION 118-515 Meaning of venture capital entity

SECTION 118-520 Meaning of superannuation fund for foreign residents

SECTION 118-525 Meaning of venture capital equity

SECTION 118-550 Demutualisation of Tower Corporation

SECTION 118-560 Object

SECTION 118-565 Look-through earnout rights

SECTION 118-570 Extra ways a CGT asset can be an active asset

SECTION 118-575 Creating and ending look-through earnout rights

SECTION 118-580 Temporarily disregard capital losses affected by look-through earnout rights

SECTION 121-10 What this Division is about

SECTION 121-20 What records you must keep

SECTION 121-25 How long you must retain the records

SECTION 121-30 Exceptions

SECTION 121-35 Asset register entries

SECTION 122-1 What this Division is about

SECTION 122-5 What this Subdivision is about

SECTION 122-15 Disposal or creation of assets - wholly-owned company

SECTION 122-20 What you receive for the trigger event

SECTION 122-25 Other requirements to be satisfied

SECTION 122-35 What if the company undertakes to discharge a liability (disposal case)

SECTION 122-37 Rules for working out what a liability in respect of an asset is

SECTION 122-40 Disposal of a CGT asset

SECTION 122-45 Disposal of all the assets of a business

SECTION 122-50 All assets acquired on or after 20 September 1985

SECTION 122-55 All assets acquired before 20 September 1985

SECTION 122-60 Assets acquired before and after 20 September 1985

SECTION 122-65 Creation of asset

SECTION 122-70 Consequences for the company (disposal case)

SECTION 122-75 Consequences for the company (creation case)

SECTION 122-120 What this Subdivision is about

SECTION 122-125 Disposal or creation of assets - wholly-owned company

SECTION 122-130 What the partners receive for the trigger event

SECTION 122-135 Other requirements to be satisfied

SECTION 122-140 What if the company undertakes to discharge a liability (disposal case)

SECTION 122-145 Rules for working out what a liability in respect of an interest in an asset is

SECTION 122-150 Capital gain or loss disregarded

SECTION 122-155 Disposal of post-CGT or pre-CGT interests

SECTION 122-160 Disposal of both post-CGT and pre-CGT interests

SECTION 122-170 Capital gain or loss disregarded

SECTION 122-175 Other consequences

SECTION 122-180 All interests acquired on or after 20 September 1985

SECTION 122-185 All interests acquired before 20 September 1985

SECTION 122-190 Interests acquired before and after 20 September 1985

SECTION 122-195 Creation of asset

SECTION 122-200 Consequences for the company (disposal case)

SECTION 122-205 Consequences for the company (creation case)

(Repealed) Division 123 - Small business roll-over

SECTION 124-1 What this Division is about

SECTION 124-5 How to find your way around this Division

SECTION 124-10 Your ownership of one CGT asset ends

SECTION 124-15 Your ownership of more than one CGT asset ends

SECTION 124-20 Share and interest sale facilities

SECTION 124-70 Events giving rise to a roll-over

SECTION 124-75 Other requirements if you receive money

SECTION 124-80 Other requirements if you receive an asset

SECTION 124-85 Consequences for receiving money

SECTION 124-90 Consequences for receiving an asset

SECTION 124-95 You receive both money and an asset

SECTION 124-140 New statutory licences

SECTION 124-145 Rollover consequences - capital gain or loss disregarded

SECTION 124-150 Rollover consequences - partial roll-over

SECTION 124-155 Roll-over consequences - all original licences were post-CGT

SECTION 124-160 Roll-over consequences - all original licences were pre-CGT

SECTION 124-165 Roll-over consequences - some original licences were pre-CGT, others were post-CGT

SECTION 124-190 Strata title conversion

SECTION 124-240 Exchange of shares in the same company

SECTION 124-245 Exchange of units in the same unit trust

SECTION 124-295 Exchange of rights or option to acquire shares in a company

SECTION 124-300 Exchange of rights or option to acquire units in a unit trust

### (Repealed) SECTION 124-350 What this Subdivision is about

### (Repealed) SECTION 124-355 Summary of rules

### (Repealed) SECTION 124-360 Disposal of shares in one company for shares in another one

### (Repealed) SECTION 124-365 Other requirements to be satisfied

### (Repealed) SECTION 124-370 Redemption or cancellation of shares in one company for shares in another one

### (Repealed) SECTION 124-375 Other requirements to be satisfied

### (Repealed) SECTION 124-380 Requirements to be satisfied in both cases

### (Repealed) SECTION 124-382 Special rules for ADI restructures

### (Repealed) SECTION 124-385 Consequences for the interposed company

### (Repealed) SECTION 124-390 Deferral of profit or loss on shares

### (Repealed) SECTION 124-435 What this Subdivision is about

### (Repealed) SECTION 124-440 Summary of rules

### (Repealed) SECTION 124-445 Disposal of units in a unit trust for shares in a company

### (Repealed) SECTION 124-450 Other requirements to be satisfied

### (Repealed) SECTION 124-455 Redemption or cancellation of units in a unit trust for shares in a company

### (Repealed) SECTION 124-460 Other requirements to be satisfied

### (Repealed) SECTION 124-465 Requirements to be satisfied in both cases

### (Repealed) SECTION 124-470 Consequences for the company

SECTION 124-510 What this Subdivision is about

SECTION 124-515 Object of this Subdivision

SECTION 124-520 Change of incorporation without change of entity

SECTION 124-525 Old corporation wound up

SECTION 124-530 Shares in company replacing pre-CGT and post-CGT mix of interest and rights in body

SECTION 124-535 Rights as member of Indigenous corporation replacing pre-CGT and post-CGT mix of interest and rights in body

SECTION 124-570 What this Subdivision is about

SECTION 124-575 Extension or renewal of Crown lease

SECTION 124-580 Meaning of Crown lease

SECTION 124-585 Original right differs in area from new right

SECTION 124-590 Part of original right excised

SECTION 124-595 Treating parts of new right as separate assets

SECTION 124-600 What is the roll-over?

SECTION 124-605 Change of lessor

SECTION 124-655 Roll-over for depreciating assets

SECTION 124-660 Right granted to associate

SECTION 124-700 What this Subdivision is about

SECTION 124-705 Extension or renewal of prospecting or mining entitlement

SECTION 124-710 Meaning of prospecting entitlement and mining entitlement

SECTION 124-715 Original entitlement differs in area from new entitlement

SECTION 124-720 Part of original entitlement excised

SECTION 124-725 Treating parts of new entitlement as separate assets

SECTION 124-730 What is the roll-over?

SECTION 124-775 What this Subdivision is about

SECTION 124-780 Replacement of shares

SECTION 124-781 Replacement of trust interests

SECTION 124-782 Transfer or allocation of cost base of shares acquired by acquiring entity etc.

SECTION 124-783 Meaning of significant stakeholder , common stakeholder , significant stake and common stake

SECTION 124-783A Rights that affect stakes

SECTION 124-784 Cost base of equity or debt given within acquiring group

SECTION 124-784A When arrangement is a restructure

SECTION 124-784B What is the cost base and reduced cost base when arrangement is a restructure?

SECTION 124-784C Cost base of equity or debt given within acquiring group

SECTION 124-785 What is the roll-over?

SECTION 124-790 Partial roll-over

SECTION 124-795 Exceptions

SECTION 124-800 Interest received for pre-CGT interest

### (Repealed) SECTION 124-805 Meaning of trust voting interest

SECTION 124-810 Certain companies and trusts not regarded as having 300 members or beneficiaries

SECTION 124-850 What this Subdivision is about

SECTION 124-855 What this Subdivision deals with

SECTION 124-860 Requirements for roll-over

SECTION 124-865 Entities both choose the roll-over

SECTION 124-870 Roll-over for owner of units or interests in a trust

SECTION 124-875 Effect on the transferor and transferee

### (Repealed) SECTION 124-880 Old licence roll-over (same owner)

### (Repealed) SECTION 124-885 Qualified licence roll-over (same owner)

### (Repealed) SECTION 124-890 Rights roll-over (same owner)

### (Repealed) SECTION 124-895 Consequences of a same owner roll-over

### (Repealed) SECTION 124-900 Old licence roll-over (new owner)

### (Repealed) SECTION 124-905 Qualified licence roll-over (new owner)

### (Repealed) SECTION 124-910 Rights roll-over (new owner)

### (Repealed) SECTION 124-915 Consequences of a new owner roll-over (where one CGT asset comes to an end)

### (Repealed) SECTION 124-920 Consequences of a new owner roll-over (where more than one CGT asset comes to an end)

### (Repealed) SECTION 124-925 Special extension of the 10 March 2004 cut-off date (same owner roll-overs)

### (Repealed) SECTION 124-930 Special extension of the 10 March 2004 cut-off date (new owner roll-overs)

SECTION 124-975 What this Subdivision is about

SECTION 124-980 Exchange of membership interests in an MDO

SECTION 124-985 What the roll-over is for post-CGT interests

SECTION 124-990 Partial roll-over

SECTION 124-995 Pre-CGT interests

SECTION 124-1040 What this Subdivision is about

SECTION 124-1045 Exchange of stapled securities

SECTION 124-1050 Conditions

SECTION 124-1055 Consequences of the roll-over for exchanging members

SECTION 124-1060 Consequences of the roll-over for interposed trust

### (Repealed) SECTION 124-1065 Certain foreign holders disregarded

SECTION 124-1100 What this Subdivision is about

SECTION 124-1105 Replacement water entitlements roll-over

SECTION 124-1110 Roll-over consequences - capital gain or loss disregarded

SECTION 124-1115 Roll-over consequences - partial roll-over

SECTION 124-1120 Roll-over consequences - all original entitlements post-CGT

SECTION 124-1125 Roll-over consequences - all original entitlements pre-CGT

SECTION 124-1130 Roll-over consequences - some original entitlements pre-CGT, others post-CGT

SECTION 124-1135 Reduction in water entitlements roll-over

SECTION 124-1140 Roll-over consequences - capital gain or loss disregarded

SECTION 124-1145 Roll-over consequences - all original entitlements post-CGT

SECTION 124-1150 Roll-over consequences - some original entitlements pre-CGT, others post-CGT

SECTION 124-1155 Roll-over for variation to CGT asset

SECTION 124-1160 Roll-over consequences

SECTION 124-1165 Roll-over consequences - partial roll-over

SECTION 124-1220 What this Subdivision is about

SECTION 124-1225 Disposals of interests under interest realignment arrangements

SECTION 124-1230 Roll-over consequences - partial roll-over

SECTION 124-1235 Roll-over consequences - all original interests were post-CGT and pre-UCA

SECTION 124-1240 Roll-over consequences - all original interests were pre-CGT

SECTION 124-1245 Roll-over consequences - original interests were of mixed CGT status, all were pre-UCA

SECTION 124-1250 Roll-over consequences - some original interests were pre-UCA

SECTION 125-1 What this Division is about

SECTION 125-5 Object of this Division

SECTION 125-50 Guide to Subdivision 125-B

SECTION 125-55 When a roll-over is available for a demerger

SECTION 125-60 Meaning of ownership interest and related terms

SECTION 125-65 Meanings of demerger group , head entity and demerger subsidiary

SECTION 125-70 Meanings of demerger , demerged entity and demerging entity

SECTION 125-75 Exceptions to subsection 125-70(2)

SECTION 125-80 What is the roll-over?

SECTION 125-85 Cost base adjustments where CGT event happens but no roll-over chosen

SECTION 125-90 Cost base adjustments where no CGT event

SECTION 125-95 No other cost base adjustment after demerger

SECTION 125-100 No further demerger relief in some cases

SECTION 125-150 Guide to Subdivision 125-C

SECTION 125-155 Certain capital gains or losses disregarded for demerging entity

SECTION 125-160 No CGT event J1

SECTION 125-165 Adjusted capital loss for value shift under a demerger

SECTION 125-170 Reduced cost base reduction if demerger asset subject to roll-over

SECTION 125-225 Guide to Subdivision 125-D

SECTION 125-230 Application of Division to public trading trusts

SECTION 125-235 Share and interest sale facilities

SECTION 126-1 What this Division is about

SECTION 126-5 CGT event involving spouses

SECTION 126-15 CGT event involving company or trustee

SECTION 126-20 Subsequent CGT event happening to roll-over asset where transferor was a CFC or a non-resident trust

SECTION 126-25 Conditions for the purposes of subsections 126-5(3A) and 126-15(5)

SECTION 126-40 What this Subdivision is about

SECTION 126-45 Roll-over for members of wholly-owned group

SECTION 126-50 Requirements for roll-over

SECTION 126-55 When there is a roll-over

SECTION 126-60 Consequences of roll-over

### (Repealed) SECTION 126-65 Choosing for no roll-over in loss situation

### (Repealed) SECTION 126-70 Loss disregarded if intention not realised

SECTION 126-75 Originating company is a CFC

### (Repealed) SECTION 126-80 Roll-over asset is an interest in a CFC or FIF

SECTION 126-85 Effect of roll-over on certain liquidations

SECTION 126-125 What this Subdivision is about

SECTION 126-130 Changes to trust deeds

SECTION 126-135 Consequences of roll-over

SECTION 126-140 CGT event involving small superannuation funds

SECTION 126-185 What this Subdivision is about

SECTION 126-190 When there is a roll-over

SECTION 126-195 Consequences of roll-over

### (Repealed) SECTION 126-200 What this Subdivision is about

### (Repealed) SECTION 126-205 Object of this Subdivision

### (Repealed) SECTION 126-210 When there is a roll-over and what its effects are

SECTION 126-215 What this Subdivision is about

SECTION 126-220 Object of this Subdivision

SECTION 126-225 When a roll-over may be chosen

SECTION 126-230 Beneficiaries ' entitlements not be discretionary etc.

SECTION 126-235 Exceptions for roll-over

SECTION 126-240 Consequences for the trusts

SECTION 126-245 Consequences for beneficiaries - general approach for working out cost base etc.

SECTION 126-250 Consequences for beneficiaries - other approach for working out cost base etc.

SECTION 126-255 No other cost base etc. adjustment for beneficiaries

SECTION 126-260 Giving information to beneficiaries

SECTION 126-265 Interest sale facilities

SECTION 128-1 What this Division is about

SECTION 128-10 Capital gain or loss when you die is disregarded

SECTION 128-15 Effect on the legal personal representative or beneficiary

SECTION 128-20 When does an asset pass to a beneficiary?

SECTION 128-25 The beneficiary is a trustee of a superannuation fund etc.

SECTION 128-50 Joint tenants

SECTION 130-1 What this Division is about

SECTION 130-15 Acquisition time and cost base of bonus equities

SECTION 130-20 Issue of bonus shares or units

SECTION 130-40 Exercise of rights

SECTION 130-45 Timing rules

SECTION 130-50 Application to options

SECTION 130-60 Shares or units acquired by converting a convertible interest

SECTION 130-75 Objects of Subdivision

SECTION 130-80 ESS interests acquired under employee share schemes

SECTION 130-85 Interests in employee share trusts

SECTION 130-90 Shares held by employee share trusts

SECTION 130-95 Shares and rights in relation to ESS interests

SECTION 130-97 Application of certain provisions of Division 83A

SECTION 130-100 Exchangeable interest

SECTION 130-105 Shares acquired in exchange for the disposal or redemption of an exchangeable interest

SECTION 130-110 Reducing the reduced cost base before disposal

SECTION 132-1 Lessee incurs expenditure to get lease term varied or waived

SECTION 132-5 Lessor pays lessee for improvements

SECTION 132-10 Grant of a long-term lease

SECTION 132-15 Lessee of land acquires reversionary interest of lessor

SECTION 134-1 Exercise of options

(Repealed) Division 136 - Foreign residents

SECTION 137-1 What this Subdivision is about

SECTION 137-10 Meaning of key terms

SECTION 137-15 CGT event does not happen when a certain kind of granny flat arrangement is entered into

SECTION 137-20 CGT event does not happen when a certain kind of granny flat arrangement is varied

SECTION 137-25 CGT event does not happen when a certain kind of granny flat arrangement is terminated

(Repealed) Division 138 - Value shifts between companies under common ownership

(Repealed) Division 139 - Value shifting through debt forgiveness

(Repealed) Division 140 - Share value shifting

SECTION 149-10 What is a pre-CGT asset?

SECTION 149-15 Majority underlying interests in a CGT asset

SECTION 149-25 Which entities are affected

SECTION 149-30 Effects if asset no longer has same majority underlying ownership

SECTION 149-35 Cost base elements of asset that stops being a pre-CGT asset

SECTION 149-50 Which entities are affected

SECTION 149-55 Entity to give the Commissioner evidence periodically as to whether asset still has same majority underlying ownership

SECTION 149-60 What the evidence must show

### (Repealed) SECTION 149-65 Effects of not making the determination

SECTION 149-70 Effects if asset no longer has same majority underlying ownership

SECTION 149-75 Cost base elements of asset that stops being a pre-CGT asset

SECTION 149-80 No more evidence needed after asset stops being a pre-CGT asset

(Repealed) Subdivision 149-D - How to treat holdings of less than 1 % in certain entities

(Repealed) Subdivision 149-E - How to treat certain interposed funds, companies and government bodies

SECTION 149-162 Subdivision applies only if entity gives sufficient evidence

SECTION 149-165 Members treated as having underlying interests in assets until demutualisation

SECTION 149-170 Effect of demutualisation of interposed company

SECTION 152-1 What this Division is about

SECTION 152-5 What this Subdivision is about

SECTION 152-10 Basic conditions for relief

SECTION 152-12 Special conditions for CGT event D1

SECTION 152-15 Maximum net asset value test

SECTION 152-20 Meaning of net value of the CGT assets

### (Repealed) SECTION 152-25 Meaning of small business CGT affiliate

### (Repealed) SECTION 152-30 Meaning of connected with the entity

SECTION 152-35 Active asset test

SECTION 152-40 Meaning of active asset

### (Repealed) SECTION 152-42 Trustee of discretionary trust may nominate beneficiaries to be controllers of trust

SECTION 152-45 Continuing time periods for involuntary disposals

SECTION 152-47 Spouses or children taken to be affiliates for certain passively held CGT assets

SECTION 152-48 Working out an entity ' s aggregated turnover for passively held CGT assets

SECTION 152-49 Businesses that are winding up

SECTION 152-50 Significant individual test

SECTION 152-55 Meaning of significant individual

SECTION 152-60 Meaning of CGT concession stakeholder

SECTION 152-65 Small business participation percentage

SECTION 152-70 Direct small business participation percentage

SECTION 152-75 Indirect small business participation percentage

SECTION 152-78 Trustee of discretionary trust may nominate beneficiaries to be controllers of trust

SECTION 152-80 CGT event happens to an asset or interest within 2 years of individual ' s death

SECTION 152-100 What this Subdivision is about

SECTION 152-105 15-year exemption for individuals

SECTION 152-110 15-year exemption for companies and trusts

SECTION 152-115 Continuing time periods for involuntary disposals

### (Repealed) SECTION 152-120 Discretionary trusts need not have a significant individual in a loss year or nil income year

SECTION 152-125 Payments to company ' s or trust ' s CGT concession stakeholders are exempt

SECTION 152-200 What this Subdivision is about

SECTION 152-205 You get the small business 50 % reduction

SECTION 152-210 You may also get the small business retirement exemption and small business roll-over relief

SECTION 152-215 15-year rule has priority

SECTION 152-220 You may choose not to apply this Subdivision

SECTION 152-300 What this Subdivision is about

SECTION 152-305 Choosing the exemption

SECTION 152-310 Consequences of choice

SECTION 152-315 Choosing the amount to disregard

SECTION 152-320 Meaning of CGT retirement exemption limit

SECTION 152-325 Company or trust conditions

SECTION 152-330 15-year rule has priority

SECTION 152-400 What this Subdivision is about

### (Repealed) SECTION 152-405 Basic principles for the small business roll-over

SECTION 152-410 When you can obtain the roll-over

SECTION 152-415 What the roll-over consists of

SECTION 152-420 Rules where an individual who has obtained a roll-over dies

### (Repealed) SECTION 152-425 Rules where an individual who has obtained a roll-over dies

SECTION 152-430 15-year rule has priority

SECTION 160-1 What this Division is about

SECTION 160-5 Entitlement to loss carry back tax offset

SECTION 160-10 Amount of loss carry back tax offset

SECTION 160-15 Loss carry back choice

SECTION 160-16 Changing a loss carry back choice

SECTION 160-20 Entity must have had turnover less than $ 5 billion for loss year

SECTION 160-25 Entity must have been a corporate tax entity during relevant years

SECTION 160-30 Transferred tax losses, income tax liabilities etc. not included

SECTION 160-35 Integrity rule - no loss carry back tax offset if scheme entered into

SECTION 164-1 What this Division is about

SECTION 164-5 Object

SECTION 164-10 Non-share capital account

SECTION 164-15 Credits to non-share capital account

SECTION 164-20 Debits to non-share capital account

SECTION 165-1 What this Division is about

SECTION 165-5 What this Subdivision is about

SECTION 165-10 To deduct a tax loss

SECTION 165-12 Company must maintain the same owners

SECTION 165-13 Alternatively, the company must satisfy the business continuity test

SECTION 165-15 The same people must control the voting power, or the company must satisfy the business continuity test

SECTION 165-20 When company can deduct part of a tax loss

SECTION 165-23 What this Subdivision is about

SECTION 165-25 Summary of this Subdivision

SECTION 165-30 Flow chart showing the application of this Subdivision

SECTION 165-35 On a change of ownership, unless the company satisfies the business continuity test

SECTION 165-37 Who has more than a 50 % stake in the company during a period

SECTION 165-40 On a change of control of the voting power in the company, unless the company satisfies the business continuity test

SECTION 165-45 First, divide the income year into periods

SECTION 165-50 Next, calculate the notional loss or notional taxable income for each period

SECTION 165-55 How to attribute deductions to periods

SECTION 165-60 How to attribute assessable income to periods

SECTION 165-65 How to calculate the company's taxable income for the income year

SECTION 165-70 How to calculate the company's tax loss for the income year

SECTION 165-75 How to calculate the company's notional loss or notional taxable income for a period when the company was a partner

SECTION 165-80 How to calculate the company's share of a partnership's notional loss or notional net income for a period if both entities have the same income year

SECTION 165-85 How to calculate the company's share of a partnership's notional loss or notional net income for a period if the entities have different income years

SECTION 165-90 Company's full year deductions include a share of partnership's full year deductions

SECTION 165-93 What this Subdivision is about

SECTION 165-96 When a company cannot apply a net capital loss

SECTION 165-99 What this Subdivision is about

SECTION 165-102 On a change of ownership, or of control of voting power, unless the company satisfies the business continuity test

SECTION 165-105 First, divide the income year into periods

SECTION 165-108 Next, calculate the notional net capital gain or notional net capital loss for each period

SECTION 165-111 How to work out the company ' s net capital gain

SECTION 165-114 How to work out the company's net capital loss

SECTION 165-115 What this Subdivision is about

SECTION 165-115AA Special rules to save compliance costs

SECTION 165-115A Application of Subdivision

SECTION 165-115B What happens when the company makes a capital loss or becomes entitled to a deduction in respect of a CGT asset after a changeover time

SECTION 165-115BA What happens when a CGT event happens after a changeover time to a CGT asset of the company that is trading stock

SECTION 165-115BB Order of application of assets: residual unrealised net loss

SECTION 165-115C Changeover time - change in ownership of company

SECTION 165-115D Changeover time - change in control of company

SECTION 165-115E What is an unrealised net loss

SECTION 165-115F Notional gains and losses

### (Repealed) SECTION 165-115G What this Subdivision is about

SECTION 165-115GA What this Subdivision is about

SECTION 165-115GB When adjustments must be made

SECTION 165-115GC How adjustments are calculated

SECTION 165-115H How this Subdivision applies

SECTION 165-115J Object of Subdivision

SECTION 165-115K Application and interpretation

SECTION 165-115L Alteration time - alteration in ownership of company

SECTION 165-115M Alteration time - alteration in control of company

SECTION 165-115N Alteration time - declaration by liquidator or administrator

SECTION 165-115P Notional alteration time - disposal of interests in company within 12 months before alteration time

SECTION 165-115Q Notional alteration time - disposal of interests in company earlier than 12 months before alteration time

SECTION 165-115R When company is a loss company at first or only alteration time in income year

SECTION 165-115S When company is a loss company at second or later alteration time in income year

SECTION 165-115T Reduction of certain amounts included in company's overall loss at alteration time

SECTION 165-115U Adjusted unrealised loss

SECTION 165-115V Notional losses

SECTION 165-115W Calculation of trading stock decrease

SECTION 165-115X Relevant equity interest

SECTION 165-115Y Relevant debt interest

SECTION 165-115Z What constitutes a controlling stake in a company

SECTION 165-115ZA Reductions and other consequences if entity has relevant equity interest or relevant debt interest in loss company immediately before alteration time

SECTION 165-115ZB Adjustment amounts for the purposes of section 165-115ZA

SECTION 165-115ZC Notices to be given

SECTION 165-115ZD Adjustment (or further adjustment) for interest realised at a loss after global method has been used

SECTION 165-117 What this Subdivision is about

SECTION 165-119 Application of Subdivision

SECTION 165-120 To deduct a bad debt

SECTION 165-123 Company must maintain the same owners

SECTION 165-126 Alternatively, the company must satisfy the business continuity test

SECTION 165-129 Same people must control the voting power, or the company must satisfy the business continuity test

SECTION 165-132 When tax losses resulting from bad debts cannot be deducted

SECTION 165-150 Who has more than 50 % of the voting power in the company

SECTION 165-155 Who has rights to more than 50 % of the company ' s dividends

SECTION 165-160 Who has rights to more than 50 % of the company's capital distributions

SECTION 165-165 Rules about tests for a condition or occurrence of a circumstance

SECTION 165-175 Tests can be satisfied by a single person

SECTION 165-180 Arrangements affecting beneficial ownership of shares

SECTION 165-185 Shares treated as not having carried rights

SECTION 165-190 Shares treated as always having carried rights

### (Repealed) SECTION 165-195 Disregard redeemable shares

SECTION 165-200 Rules do not affect totals of shares, units in unit trusts or rights carried by shares and units

SECTION 165-202 Shares held by government entities and charities etc.

SECTION 165-203 Companies where no shares have been issued

SECTION 165-205 Death of share owner

SECTION 165-207 Trustees of family trusts

SECTION 165-208 Companies in liquidation etc.

SECTION 165-209 Dual listed companies

SECTION 165-210 The business continuity test - carrying on the same business

SECTION 165-211 The business continuity test - carrying on a similar business

### (Repealed) SECTION 165-212A Some companies cannot satisfy the same business test

### (Repealed) SECTION 165-212B Definition of total income

### (Repealed) SECTION 165-212C Total income of companies who cannot work out their total income for a 12 month period

SECTION 165-212D Restructure of MDOs etc.

SECTION 165-212E Entry history rule does not apply for the purposes of sections 165-210 and 165-211

SECTION 165-215 Special alternative to change of ownership test for Subdivision 165-A

SECTION 165-220 Special alternative to change of ownership test for Subdivision 165-B

SECTION 165-225 Special way of dividing the income year under Subdivision 165-B

SECTION 165-230 Special alternative to change of ownership test for Subdivision 165-C

SECTION 165-235 Information about non-fixed trusts with interests in company

SECTION 165-240 Notices where requirements of section 165-235 are met

SECTION 165-245 When an entity has a fixed entitlement to income or capital of a company

SECTION 165-250 Control of companies in liquidation etc.

SECTION 165-255 Incomplete periods

SECTION 166-1 What this Division is about

SECTION 166-3 The object of this Division

SECTION 166-5 How Subdivision 165-A applies to a widely held or eligible Division 166 company

SECTION 166-15 Companies can choose that this Subdivision is not to apply to them

SECTION 166-20 How Subdivisions 165-B and 165-CB apply to a widely held or eligible Division 166 company

SECTION 166-25 How to work out the taxable income, tax loss, net capital gain and net capital loss

SECTION 166-35 Companies can choose that this Subdivision is not to apply to them

SECTION 166-40 How Subdivision 165-C applies to a widely held or eligible Division 166 company

SECTION 166-50 Companies can choose that this Subdivision is not to apply to them

SECTION 166-80 How Subdivision 165-CC or 165-CD applies to a widely held or eligible Division 166 company

SECTION 166-90 Companies can choose that this Subdivision is not to apply to them

SECTION 166-135 What this Subdivision is about

SECTION 166-145 The ownership tests: substantial continuity of ownership

SECTION 166-165 Relationship with rules in Division 165

SECTION 166-175 Corporate change in a company

SECTION 166-215 What this Subdivision is about

SECTION 166-220 Application of this Subdivision

SECTION 166-225 Direct stakes of less than 10 % in the tested company

SECTION 166-230 Indirect stakes of less than 10% in the tested company

SECTION 166-235 Voting, dividend and capital stakes

SECTION 166-240 Stakes held directly and \ or indirectly by widely held companies

SECTION 166-245 Stakes held by other entities

SECTION 166-255 Bearer shares in foreign listed companies

SECTION 166-260 Depository entities holding stakes in foreign listed companies

SECTION 166-265 Persons who actually control voting power or have rights are taken not to control power or have rights

SECTION 166-270 Single notional entity stakeholders taken to have minimum voting control, dividend rights and capital rights

SECTION 166-272 Same shares or interests to be held

SECTION 166-275 Rules in this Subdivision intended to be concessional

SECTION 166-280 Controlled test companies

SECTION 167-1 What this Division is about

SECTION 167-5 What this Subdivision is about

SECTION 167-7 Simplified outline of this Subdivision

SECTION 167-10 When this Subdivision applies

SECTION 167-15 First way - disregard debt interests

SECTION 167-20 Second way - also disregard secondary share classes

SECTION 167-25 Third way - treat remaining shares as having fixed rights to dividends and capital distributions

SECTION 167-30 Fixing rights if practicable to work out market values

SECTION 167-35 Fixing rights if impracticable to work out market values etc.

SECTION 167-40 The valuing times for conditions listed in subsection 167-10(1)

SECTION 167-75 What this Subdivision is about

SECTION 167-80 When this Subdivision applies

SECTION 167-85 Different method for working out voting power

SECTION 167-90 Dual listed companies

SECTION 170-1 What this Subdivision is about

SECTION 170-5 Basic principles for transferring tax losses

SECTION 170-10 When a company can transfer a tax loss

SECTION 170-15 Income company is taken to have incurred transferred loss

SECTION 170-20 Who can deduct transferred loss

SECTION 170-25 Tax treatment of consideration for transferred tax loss

SECTION 170-30 Companies must be in existence and members of the same wholly-owned group etc.

SECTION 170-32 Tax loss incurred by the loss company because of a transfer under Subdivision 707-A

SECTION 170-33 Alternative test of relations between the loss company and other companies

SECTION 170-35 The loss company

SECTION 170-40 The income company

SECTION 170-42 If the income company has become the head company of a consolidated group or MEC group

SECTION 170-45 Maximum amount that can be transferred

SECTION 170-50 Transfer by written agreement

SECTION 170-55 Losses must be transferred in order they are incurred

SECTION 170-60 Income company cannot transfer transferred tax loss

SECTION 170-65 Agreement transfers as much as can be transferred

SECTION 170-70 Amendment of assessments

SECTION 170-75 Treatment like Australian branches of foreign banks

SECTION 170-101 What this Subdivision is about

SECTION 170-105 Basic principles for transferring a net capital loss

SECTION 170-110 When a company can transfer a net capital loss

SECTION 170-115 Who can apply transferred loss

SECTION 170-120 Gain company is taken to have made transferred loss

SECTION 170-125 Tax treatment of consideration for transferred tax loss

SECTION 170-130 Companies must be in existence and members of the same wholly-owned group etc.

SECTION 170-132 Net capital loss made by the loss company because of a transfer under Subdivision 707-A

SECTION 170-133 Alternative test of relations between the loss company and other companies

SECTION 170-135 The loss company

SECTION 170-140 The gain company

SECTION 170-142 If the gain company has become the head company of a consolidated group or MEC group

SECTION 170-145 Maximum amount that can be transferred

SECTION 170-150 Transfer by written agreement

SECTION 170-155 Losses must be transferred in order they are made

SECTION 170-160 Gain company cannot transfer transferred net capital loss

SECTION 170-165 Agreement transfers as much as can be transferred

SECTION 170-170 Amendment of assessments

SECTION 170-174 Treatment like Australian branches of foreign banks

### (Repealed) SECTION 170-175 Direct and indirect interests in the loss company

### (Repealed) SECTION 170-180 Direct and indirect interests in the gain company

SECTION 170-201 What this Subdivision is about

SECTION 170-205 Object of Subdivision

SECTION 170-210 Transfer of tax loss: direct and indirect interests in the loss company

SECTION 170-215 Transfer of tax loss: direct and indirect interests in the income company

SECTION 170-220 Transfer of net capital loss: direct and indirect interests in the loss company

SECTION 170-225 Transfer of net capital loss: direct and indirect interests in the gain company

SECTION 170-250 What this Subdivision is about

SECTION 170-255 Application of Subdivision

SECTION 170-260 Linked group

SECTION 170-265 Connected entity

SECTION 170-270 Immediate consequences for originating company

SECTION 170-275 Subsequent consequences for originating company

SECTION 170-280 What happens if certain events happen in respect of the asset

SECTION 175-1 What this Division is about

SECTION 175-5 When Commissioner can disallow deduction for tax loss

SECTION 175-10 First case: income or capital gain injected into company because of available tax loss

SECTION 175-15 Second case: someone else obtains a tax benefit because of tax loss available to company

SECTION 175-20 Income or capital gain injected into company because of available deductions

SECTION 175-25 Deduction injected into company because of available income or capital gain

SECTION 175-30 Someone else obtains a tax benefit because of a deduction, income or capital gain available to company

SECTION 175-35 Tax loss resulting from disallowed deductions

SECTION 175-40 When Commissioner can disallow net capital loss of earlier income year

SECTION 175-45 First case: capital gain injected into company because of available net capital loss

SECTION 175-50 Second case: someone else obtains a tax benefit because of net capital loss available to company

SECTION 175-55 When Commissioner can disallow capital loss of current year

SECTION 175-60 Capital gain injected into company because of available capital loss

SECTION 175-65 Capital loss injected into company because of available capital gain

SECTION 175-70 Someone else obtains a tax benefit because of capital loss or gain available to company

SECTION 175-75 Net capital loss resulting from disallowed capital losses

SECTION 175-80 When Commissioner can disallow deduction for bad debt

SECTION 175-85 First case: income or capital gain injected into company because of available bad debt

SECTION 175-90 Second case: someone else obtains a tax benefit because of bad debt deduction available to company

SECTION 175-95 When a person has a shareholding interest in the company

SECTION 175-100 Commissioner may disallow excluded losses etc. of insolvent companies

SECTION 180-1 What this Division is about

SECTION 180-5 Information about family trusts with interests in companies

SECTION 180-10 Notice where requirements of section 180-5 are met

SECTION 180-15 Information about family trusts with interests in companies

SECTION 180-20 Notice where requirements of section 180-15 are met

SECTION 195-1 What this Subdivision is about

SECTION 195-5 Deductibility of PDF tax losses

SECTION 195-10 PDF cannot transfer tax loss

SECTION 195-15 Tax loss for year in which company becomes a PDF

SECTION 195-25 Applying a PDF's net capital losses

SECTION 195-30 PDF cannot transfer net capital loss

SECTION 195-35 Net capital loss for year in which company becomes a PDF

SECTION 195-37 PDF cannot carry back tax loss

SECTION 195-60 What this Subdivision is about

SECTION 195-65 Tax losses cannot be transferred to a VCLP, an ESVCLP, an AFOF or a VCMP

SECTION 195-70 Previous tax losses can be deducted after ceasing to be a VCLP, an ESVCLP, an AFOF or a VCMP

SECTION 195-72 Tax losses cannot be carried back to before ceasing to be a VCLP, an ESVCLP, an AFOF or a VCMP

SECTION 195-75 Determinations to take account of income years of less than 12 months

SECTION 195-100 What this Subdivision is about

SECTION 195-105 Effect of this Subdivision

SECTION 195-110 Each sub-fund of a CCIV is taken to be a separate trust

SECTION 195-115 A CCIV sub-fund trust is a unit trust

SECTION 195-120 Beneficiary of a CCIV sub-fund trust has fixed entitlements to shares of income and capital of the trust

SECTION 195-123 How to work out the income of the trust estate of a CCIV sub-fund trust for an income year

SECTION 195-125 When a beneficiary of a CCIV sub-fund trust is presently entitled to trust income

SECTION 195-127 When a beneficiary of a CCIV sub-fund trust has an individual interest in exempt income and non-assessable non-exempt income of the trust estate

SECTION 195-130 Application of Division 275 (managed investment trusts) to a CCIV sub-fund trust

SECTION 195-135 Application of Division 276 (AMITs) to a CCIV sub-fund trust

SECTION 195-140 Entry on Australian Business Register

SECTION 197-1 What this Division is about

SECTION 197-5 Division generally applies to an amount transferred to share capital account from another account

SECTION 197-10 Exclusion for amounts that could be identified as share capital

SECTION 197-15 Exclusion for amounts transferred under debt \ equity swaps

SECTION 197-20 Exclusion for amounts transferred leading to there being no shares with a par value - non-Corporations Act companies

SECTION 197-25 Exclusion for transfers from option premium reserves

SECTION 197-30 Exclusion for transfers made in connection with demutualisations of non-insurance etc. companies

SECTION 197-35 Exclusion for transfers made in connection with demutualisations of insurance etc. companies

SECTION 197-37 Exclusion for transfers made in connection with demutualisations of private health insurers

SECTION 197-38 Exclusion for transfers connected with demutualisations of friendly society health or life insurers

SECTION 197-40 Exclusion for post-demutualisation transfers relating to life insurance companies

SECTION 197-42 Exclusion for exploration credits

SECTION 197-45 A franking debit arises in relation to the transfer

SECTION 197-50 The share capital account becomes tainted (if it is not already tainted)

SECTION 197-55 Choosing to untaint a tainted share capital account

SECTION 197-60 Choosing to untaint - liability to untainting tax

SECTION 197-65 Choosing to untaint - further franking debits may arise

SECTION 197-70 Due date for payment of untainting tax

SECTION 197-75 General interest charge for late payment of untainting tax

SECTION 197-80 Notice of liability to pay untainting tax

SECTION 197-85 Evidentiary effect of notice of liability to pay untainting tax

SECTION 200-1 What this Division is about

SECTION 200-5 The imputation system

SECTION 200-10 Franking a distribution

SECTION 200-15 The franking account

SECTION 200-20 How a distribution is franked

SECTION 200-25 A corporate tax entity must not give its members credit for more tax than the entity has paid

SECTION 200-30 Benchmark rule

SECTION 200-35 Effect of receiving a franked distribution

SECTION 200-40 An Australian corporate tax entity can pass the benefit of having received a franked distribution on to its members

SECTION 200-45 Special rules for franking by some entities

SECTION 201-1 Objects

SECTION 201-5 Application of this Part

SECTION 202-1 What this Subdivision is about

SECTION 202-5 Franking a distribution

SECTION 202-10 What this Subdivision is about

SECTION 202-15 Franking entities

SECTION 202-20 Residency requirement when making a distribution

SECTION 202-25 What this Subdivision is about

SECTION 202-30 Frankable distributions

SECTION 202-35 Object

SECTION 202-40 Frankable distributions

SECTION 202-45 Unfrankable distributions

SECTION 202-47 Distributions of certain ADI profits following restructure

SECTION 202-50 What this Subdivision is about

SECTION 202-55 What is the maximum franking credit for a frankable distribution?

SECTION 202-60 Amount of the franking credit on a distribution

SECTION 202-65 Where the franking credit stated in the distribution statement exceeds the maximum franking credit for the distribution

SECTION 202-70 What this Subdivision is about

SECTION 202-75 Obligation to give a distribution statement

SECTION 202-80 Distribution statement

SECTION 202-85 Changing the franking credit on a distribution by amending the distribution statement

SECTION 203-1 What this Division is about

SECTION 203-5 Benchmark rule

SECTION 203-10 Benchmark franking percentage

SECTION 203-15 Object

SECTION 203-20 Application of the benchmark rule

SECTION 203-25 Benchmark rule

SECTION 203-30 Setting a benchmark franking percentage

SECTION 203-35 Franking percentage

SECTION 203-40 Franking periods - where the entity is not a private company

SECTION 203-45 Franking period - private companies

SECTION 203-50 Consequences of breaching the benchmark rule

SECTION 203-55 Commissioner ' s powers to permit a departure from the benchmark rule

SECTION 204-1 Objects

SECTION 204-5 Application

SECTION 204-10 What this Subdivision is about

SECTION 204-15 Linked distributions

SECTION 204-20 What this Subdivision is about

SECTION 204-25 Substituting tax-exempt bonus shares for franked distributions

SECTION 204-26 What this Subdivision is about

SECTION 204-30 Streaming distributions

SECTION 204-35 When does a franking debit arise if the Commissioner makes a determination under paragraph 204-30(3)(a)

SECTION 204-40 Amount of the franking debit

SECTION 204-41 Amount of the exempting debit

SECTION 204-45 Effect of a determination about distributions to favoured members

SECTION 204-50 Assessment and notice of determination

SECTION 204-55 Right to review where a determination made

SECTION 204-65 What this Subdivision is about

SECTION 204-70 Application of this Subdivision

SECTION 204-75 Notice to the Commissioner

SECTION 204-80 Commissioner may require information where the Commissioner suspects streaming

SECTION 205-1 What this Division is about

SECTION 205-5 Franking accounts, franking deficit tax liabilities and the related tax offset

SECTION 205-10 Each entity that is or has been a corporate tax entity has a franking account

SECTION 205-15 Franking credits

SECTION 205-20 Paying a PAYG instalment, income tax, diverted profits tax or Australian DMT tax

SECTION 205-25 Residency requirement for an event giving rise to a franking credit or franking debit

SECTION 205-30 Franking debits

SECTION 205-35 Refund of income tax, diverted profits tax or Australian DMT tax

SECTION 205-40 Franking surplus and deficit

SECTION 205-45 Franking deficit tax

SECTION 205-50 Deferring franking deficit

SECTION 205-70 Tax offset arising from franking deficit tax liabilities

SECTION 207-5 Overview

SECTION 207-10 What this Subdivision is about

SECTION 207-15 Applying the general rule

SECTION 207-20 General rule - gross-up and tax offset

SECTION 207-25 What this Subdivision is about

SECTION 207-30 Applying this Subdivision

SECTION 207-35 Gross-up - distribution made to, or flows indirectly through, a partnership or trustee

SECTION 207-37 Attributable franked distribution - trusts

SECTION 207-45 Tax offset - distribution flows indirectly to an entity

SECTION 207-50 When a franked distribution flows indirectly to or through an entity

SECTION 207-55 Share of a franked distribution

SECTION 207-57 Share of the franking credit on a franked distribution

SECTION 207-58 Specifically entitled to an amount of a franked distribution

SECTION 207-59 Franked distributions within class treated as single franked distribution

SECTION 207-60 What this Subdivision is about

SECTION 207-65 Satisfying the residency requirement

SECTION 207-70 Gross-up and tax offset under section 207-20

SECTION 207-75 Residency requirement

SECTION 207-80 What this Subdivision is about

SECTION 207-85 Applying this Subdivision

SECTION 207-90 Distribution that is made to an entity

SECTION 207-95 Distribution that flows indirectly to an entity

SECTION 207-105 What this Subdivision is about

SECTION 207-110 Effect of non-assessable income on gross up and tax offset

SECTION 207-115 Which exempt institutions are eligible for a refund?

SECTION 207-117 Residency requirement

SECTION 207-119 Entity not treated as exempt institution eligible for refund in certain circumstances

SECTION 207-120 Entity may be ineligible because of a distribution event

SECTION 207-122 Entity may be ineligible if distribution is in the form of property other than money

SECTION 207-124 Entity may be ineligible if other money or property also acquired

### (Repealed) SECTION 207-125 Gross-up and tax offset allowed because entity is an exempt institution that is entitled to a refund

SECTION 207-126 Entity may be ineligible if distributions do not match trust share amounts

SECTION 207-128 Reinvestment choice

SECTION 207-130 Controller ' s liability

SECTION 207-132 Treatment of benefits provided by an entity to a controller

SECTION 207-134 Entity ' s present entitlement disregarded in certain circumstances

SECTION 207-136 Review of certain decisions

SECTION 207-140 What this Subdivision is about

SECTION 207-145 Distribution that is made to an entity

SECTION 207-150 Distribution that flows indirectly to an entity

SECTION 207-155 When is a distribution made as part of a dividend stripping operation?

SECTION 207-157 Distribution washing

SECTION 207-158 Distributions entitled to a foreign income tax deduction

SECTION 207-159 Distributions funded by capital raising

SECTION 207-160 Distribution that is treated as an interest payment

### (Repealed) SECTION 207-165 Interest payments - distributions that flow indirectly to the trustee of a trust

### (Repealed) SECTION 207-170 Interest payments - distributions that flow indirectly to a partner in a partnership

SECTION 208-5 What is an exempting entity?

SECTION 208-10 Former exempting entities

SECTION 208-15 Distributions by exempting entities and former exempting entities

SECTION 208-20 Exempting entities

SECTION 208-25 Effective ownership of entity by prescribed persons

SECTION 208-30 Accountable membership interests

SECTION 208-35 Accountable partial interests

SECTION 208-40 Prescribed persons

SECTION 208-45 Persons who are taken to be prescribed persons

SECTION 208-50 Former exempting companies

SECTION 208-55 What this Subdivision is about

SECTION 208-60 Franking with an exempting credit

SECTION 208-65 What this Subdivision is about

SECTION 208-70 Amount of the exempting credit on a distribution

SECTION 208-75 Guide to Subdivision 208-D

SECTION 208-80 Additional information to be included by a former exempting entity or exempting entity

SECTION 208-85 What this Subdivision is about

SECTION 208-90 All frankable distributions made within a franking period must be franked to the same extent with an exempting credit

SECTION 208-95 Exempting percentage

SECTION 208-100 Consequences of breaching the rule in section 208-90

SECTION 208-105 What this Subdivision is about

SECTION 208-110 Exempting account

SECTION 208-115 Exempting credits

SECTION 208-120 Exempting debits

SECTION 208-125 Exempting surplus and deficit

SECTION 208-130 Franking credits arising because of status as exempting entity or former exempting entity

SECTION 208-135 Relationships that will give rise to a franking credit under item 5 of the table in section 208-130

SECTION 208-140 Membership of the same effectively wholly-owned group

SECTION 208-145 Franking debits arising because of status as exempting entity or former exempting entity

SECTION 208-150 Residency requirement

SECTION 208-155 Eligible continuing substantial member

SECTION 208-160 Distributions that are affected by a manipulation of the imputation system

SECTION 208-165 Amount of the exempting credit or franking credit arising because of a distribution franked with an exempting credit

SECTION 208-170 Where a determination under paragraph 177EA(5)(b) of the Income Tax Assessment Act 1936 affects part of the distribution

SECTION 208-175 When does a distribution franked with an exempting credit flow indirectly to an entity?

SECTION 208-180 What is an entity ' s share of the exempting credit on a distribution?

SECTION 208-185 Minister may convert exempting surplus to franking credit of former exempting entity previously owned by the Commonwealth

SECTION 208-190 What this Subdivision is about

SECTION 208-195 Division 207 does not generally apply

SECTION 208-200 Distributions to exempting entities

SECTION 208-205 Distributions to employees acquiring shares under eligible employee share schemes

### (Repealed) SECTION 208-210 Subsidiaries

SECTION 208-215 Eligible employee share schemes

SECTION 208-220 What this Subdivision is about

SECTION 208-225 Division 207 does not generally apply

SECTION 208-230 Distributions to exempting entities and former exempting entities

SECTION 208-235 Distributions to employees acquiring shares under eligible employee share schemes

SECTION 208-240 Distributions to certain individuals

SECTION 210-1 Purpose of venture capital franking

SECTION 210-5 How is this achieved?

SECTION 210-10 What is a venture capital credit?

SECTION 210-15 What does the PDF have to do to distribute the credits?

SECTION 210-20 Limits on venture capital franking

SECTION 210-25 What this Subdivision is about

SECTION 210-30 Franking a distribution with a venture capital credit

SECTION 210-35 What this Subdivision is about

SECTION 210-40 What is a participating PDF

SECTION 210-45 What this Subdivision is about

SECTION 210-50 Which distributions can be franked with a venture capital credit?

SECTION 210-55 What this Subdivision is about

SECTION 210-60 Amount of the venture capital credit on a distribution

SECTION 210-65 What this Subdivision is about

SECTION 210-70 Additional information to be included when a distribution is franked with a venture capital credit

SECTION 210-75 What this Subdivision is about

SECTION 210-80 Draining the venture capital surplus when a distribution frankable with venture capital credits is made

SECTION 210-81 Distributions to be franked with venture capital credits to the same extent

SECTION 210-82 Consequences of breaching the rule in section 210-81

SECTION 210-85 What this Subdivision is about

SECTION 210-90 The venture capital sub-account

SECTION 210-95 Venture capital deficit tax

SECTION 210-100 Venture capital sub-account

SECTION 210-105 Venture capital credits

SECTION 210-110 Determining the extent to which a franking credit is reasonably attributable to a particular payment of tax

SECTION 210-115 Participating PDF may elect to have venture capital credits arise on its assessment day

SECTION 210-120 Venture capital debits

SECTION 210-125 Venture capital debit where CGT limit is exceeded

SECTION 210-130 Venture capital surplus and deficit

SECTION 210-135 Venture capital deficit tax

SECTION 210-140 Effect of a liability to pay venture capital deficit tax on franking deficit tax

SECTION 210-145 Effect of a liability to pay venture capital deficit tax on the franking account

SECTION 210-150 Deferring venture capital deficit

SECTION 210-155 What this Subdivision is about

SECTION 210-160 The significance of a venture capital credit

SECTION 210-165 Recipients for whom the venture capital credit is not significant

SECTION 210-170 Tax offset for certain recipients of distributions franked with venture capital credits

SECTION 210-175 Amount of the tax offset

SECTION 210-180 Application of Division 207 where the recipient is entitled to a tax offset under section 210-170

SECTION 214-1 Purpose of the system

SECTION 214-5 Key features

SECTION 214-10 What this Subdivision is about

SECTION 214-15 Requirement to give franking return - general

SECTION 214-20 Notice to a specific corporate tax entity

SECTION 214-25 Content and form of a franking return

SECTION 214-30 Franking account balance

SECTION 214-35 Venture capital sub-account balance

SECTION 214-40 Meaning of franking tax

SECTION 214-45 Effect of a refund on franking returns

### (Repealed) SECTION 214-50 Evidence

SECTION 214-55 What this Subdivision is about

SECTION 214-60 Commissioner may make a franking assessment

SECTION 214-65 Commissioner taken to have made a franking assessment on first return

SECTION 214-70 Part-year assessment

SECTION 214-75 Validity of assessment

SECTION 214-80 Objections

### (Repealed) SECTION 214-85 Evidence

SECTION 214-90 What this Subdivision is about

SECTION 214-95 Amendments within 3 years of the original assessment

SECTION 214-100 Amended assessments are treated as franking assessments

SECTION 214-105 Further return as a result of a refund affecting a franking deficit tax liability

SECTION 214-110 Later amendments - on request

SECTION 214-115 Later amendments - failure to make proper disclosure

SECTION 214-120 Later amendments - fraud or evasion

SECTION 214-125 Further amendment of an amended particular

### (Repealed) SECTION 214-130 Other later amendments

SECTION 214-135 Amendment on review etc.

SECTION 214-140 Notice of amendments

SECTION 214-145 What this Subdivision is about

SECTION 214-150 Due date for payment of franking tax

SECTION 214-155 General interest charge

SECTION 214-160 Refunds of amounts overpaid

### (Repealed) SECTION 214-165 Security for payment of tax

SECTION 214-170 What this Subdivision is about

SECTION 214-175 Record keeping

### (Repealed) SECTION 214-180 Power of Commissioner to obtain information

### (Repealed) SECTION 214-185 Tax agents

SECTION 215-1 Application of the imputation system to non-share equity interests

SECTION 215-5 What this Subdivision is about

SECTION 215-10 Certain non-share dividends by ADIs unfrankable

SECTION 215-15 Non-share dividends are unfrankable if profits are unavailable

SECTION 215-20 Working out the available frankable profits

SECTION 215-25 Anticipating available frankable profits

SECTION 216-1 When a distribution made to a member of a corporate tax entity is treated as having been made to someone else

SECTION 216-5 First situation (cum dividend sales)

SECTION 216-10 Second situation (securities lending arrangements)

SECTION 216-15 Distribution closing time

SECTION 216-20 Cum dividend sale - statement by securities dealer

SECTION 216-25 Cum dividend sale - statement by party

SECTION 216-30 Securities lending arrangements - statement by borrower

SECTION 218-5 Application of imputation rules to co-operative companies

SECTION 219-1 What this Division is about

SECTION 219-10 Application of imputation rules to life insurance companies

SECTION 219-15 Franking credits

SECTION 219-30 Franking debits

SECTION 219-40 Residency requirement

SECTION 219-45 Assessment day

SECTION 219-50 Amount attributable to shareholders ' share of income tax liability

SECTION 219-55 Adjustment resulting from an amended assessment

SECTION 219-70 Tax offset under section 205-70

SECTION 219-75 Working out franking credits and franking debits where a tax offset under section 205-70 is applied

SECTION 220-1 What this Division is about

SECTION 220-15 Objects

SECTION 220-20 What is an NZ resident ?

SECTION 220-25 Application of provisions of Part 3-6 outside this Division

SECTION 220-30 What is an NZ franking company ?

SECTION 220-35 Making an NZ franking choice

SECTION 220-40 When is an NZ franking choice in force?

SECTION 220-45 Revoking an NZ franking choice

SECTION 220-50 Cancelling an NZ franking choice

SECTION 220-100 Residency requirement for franking

SECTION 220-105 Unfrankable distributions by NZ franking companies

SECTION 220-110 Maximum franking credit under section 202-60

### (Repealed) SECTION 220-200 Keeping franking accounts in Australian currency

SECTION 220-205 Franking credit for payment of NZ franking company's withholding tax liability

SECTION 220-210 Effect of franked distribution to NZ franking company or flowing indirectly to NZ franking company

SECTION 220-215 Effect on franking account if NZ franking choice ceases to be in force

SECTION 220-300 NZ franking company ' s franking account affected by franking accounts of some of its 100 % subsidiaries

SECTION 220-350 Providing for a franking credit to arise

SECTION 220-400 Gross-up and tax offset for distribution from NZ franking company reduced by supplementary dividend

SECTION 220-405 Franked distribution and supplementary dividend flowing indirectly

SECTION 220-410 Franking credit reduced if tax offset reduced

SECTION 220-500 Publicly listed post-choice NZ franking company and its 100 % subsidiaries are not exempting entities

SECTION 220-505 Post-choice NZ franking company is not automatically prescribed person

SECTION 220-510 Parent company ' s status as prescribed person sets status of all other members of same wholly-owned group

### (Repealed) SECTION 220-600 Keeping exempting accounts in Australian currency

SECTION 220-605 Effect on exempting account if NZ franking choice ceases to be in force

SECTION 220-700 Tax effect of distribution franked by NZ franking company with an exempting credit

SECTION 220-800 Joint and several liability for NZ resident company's franking tax etc.

SECTION 230-1 What this Division is about

SECTION 230-5 Scope of this Division

SECTION 230-10 Objects of this Division

SECTION 230-15 Gains are assessable and losses deductible

SECTION 230-20 Gain or loss to be taken into account only once under this Act

SECTION 230-25 Associated financial benefits to be taken into account only once under this Act

SECTION 230-30 Treatment of gains and losses related to exempt income and non-assessable non-exempt income

SECTION 230-35 Treatment of gains and losses of private or domestic nature

SECTION 230-40 Methods for taking gain or loss into account

SECTION 230-45 Financial arrangement

SECTION 230-50 Financial arrangement (equity interest or right or obligation in relation to equity interest)

SECTION 230-55 Rights, obligations and arrangements (grouping and disaggregation rules)

SECTION 230-60 When financial benefit provided or received under financial arrangement

SECTION 230-65 Amount of financial benefit relating to more than one financial arrangement etc.

SECTION 230-70 Apportionment when financial benefit received or right ceases

SECTION 230-75 Apportionment when financial benefit provided or obligation ceases

SECTION 230-80 Consistency in working out gains or losses (integrity measure)

SECTION 230-85 Rights and obligations include contingent rights and obligations

SECTION 230-90 What this Subdivision is about

SECTION 230-95 Objects of this Subdivision

SECTION 230-100 When accruals method or realisation method applies

SECTION 230-105 Sufficiently certain overall gain or loss

SECTION 230-110 Sufficiently certain gain or loss from particular event

SECTION 230-115 Sufficiently certain financial benefits

SECTION 230-120 Financial arrangements with notional principal

SECTION 230-125 Overview of the accruals method

SECTION 230-130 Applying accruals method to work out period over which gain or loss is to be spread

SECTION 230-135 How gain or loss is spread

SECTION 230-140 Method of spreading gain or loss - effective interest method

SECTION 230-145 Application of effective interest method where differing income and accounting years

SECTION 230-150 Election for portfolio treatment of fees

SECTION 230-155 Election for portfolio treatment of fees where differing income and accounting years

SECTION 230-160 Portfolio treatment of fees

SECTION 230-165 Portfolio treatment of premiums and discounts for acquiring portfolio

SECTION 230-170 Allocating gain or loss to income years

SECTION 230-172 Applying accruals method to loss resulting from impairment

SECTION 230-175 Running balancing adjustments

SECTION 230-180 Realisation method

SECTION 230-185 Reassessment

SECTION 230-190 Re-estimation

SECTION 230-192 Re-estimation - impairments and reversals

SECTION 230-195 Balancing adjustment if rate of return maintained on re-estimation

SECTION 230-200 Re-estimation if balancing adjustment on partial disposal

SECTION 230-205 Objects of this Subdivision

SECTION 230-210 Fair value election

SECTION 230-215 Fair value election where differing income and accounting years

SECTION 230-220 Financial arrangements to which fair value election applies

SECTION 230-225 Financial arrangements to which election does not apply

SECTION 230-230 Applying fair value method to gains and losses

SECTION 230-235 Splitting financial arrangements into 2 financial arrangements

SECTION 230-240 When election ceases to apply

SECTION 230-245 Balancing adjustment if election ceases to apply

SECTION 230-250 Objects of this Subdivision

SECTION 230-255 Foreign exchange retranslation election

SECTION 230-260 Foreign exchange retranslation election where differing income and accounting years

SECTION 230-265 Financial arrangements to which general election applies

SECTION 230-270 Financial arrangements to which general election does not apply

SECTION 230-275 Balancing adjustment for election in relation to qualifying forex accounts

SECTION 230-280 Applying foreign exchange retranslation method to gains and losses

SECTION 230-285 When election ceases to apply

SECTION 230-290 Balancing adjustment if election ceases to apply

SECTION 230-295 Objects of this Subdivision

SECTION 230-300 Applying hedging financial arrangement method to gains and losses

SECTION 230-305 Table of events and allocation rules

SECTION 230-310 Aligning tax classification of gain or loss from hedging financial arrangement with tax classification of hedged item

SECTION 230-315 Hedging financial arrangement election

SECTION 230-320 Hedging financial arrangement election where differing income and accounting years

SECTION 230-325 Hedging financial arrangements to which election applies

SECTION 230-330 Hedging financial arrangements to which election does not apply

SECTION 230-335 Hedging financial arrangement and hedged item

SECTION 230-340 Generally whole arrangement must be hedging financial arrangement

SECTION 230-345 Requirements not satisfied because of honest mistake or inadvertence

SECTION 230-350 Derivative financial arrangement and foreign currency hedge

SECTION 230-355 Recording requirements

SECTION 230-360 Determining basis for allocating gain or loss

SECTION 230-365 Effectiveness of the hedge

SECTION 230-370 When election ceases to apply

SECTION 230-375 Balancing adjustment if election ceases to apply

SECTION 230-380 Commissioner may determine that requirement met

SECTION 230-385 Consequences of failure to meet requirements

SECTION 230-390 Objects of this Subdivision

SECTION 230-395 Election to rely on financial reports

SECTION 230-400 Financial reports election where differing income and accounting years

SECTION 230-405 Commissioner discretion to waive requirements in paragraphs 230-395(2)(c) and (e)

SECTION 230-410 Financial arrangements to which the election applies

SECTION 230-415 Financial arrangements not covered by election

SECTION 230-420 Effect of election to rely on financial reports

SECTION 230-425 When election ceases to apply

SECTION 230-430 Balancing adjustment if election ceases to apply

SECTION 230-435 When balancing adjustment made

SECTION 230-440 Exceptions

SECTION 230-445 Balancing adjustment

SECTION 230-450 Short-term arrangements where non-money amount involved

SECTION 230-455 Certain taxpayers where no significant deferral

SECTION 230-460 Various rights and/or obligations

SECTION 230-465 Ceasing to have a financial arrangement in certain circumstances

SECTION 230-470 Forgiveness of commercial debts

SECTION 230-475 Clarifying exceptions

SECTION 230-480 Treatment of gains in form of franked distribution etc.

SECTION 230-481 Registered emissions units

SECTION 230-485 Effect of change of residence - rules for particular methods

SECTION 230-490 Effect of change of residence - disposal and reacquisition etc. after ceasing to be Australian resident where no further recognised gains or losses from arrangement

SECTION 230-495 Effect of change of accounting principles or standards

SECTION 230-500 Comparable foreign accounting and auditing standards

SECTION 230-505 Financial arrangement as consideration for provision or acquisition of a thing

SECTION 230-510 Non-arm ' s length dealings in relation to financial arrangement

SECTION 230-515 Arm ' s length dealings in relation to financial arrangement - adjustment to gain or loss in certain situations

SECTION 230-520 Disregard gains or losses covered by value shifting regime

SECTION 230-522 Adjusting a gain or loss that gives rise to a hybrid mismatch

SECTION 230-525 Consolidated financial reports

SECTION 230-527 Elections - reporting documents of foreign ADIs

SECTION 230-530 Additional operation of Division

SECTION 235-1 What this Division is about

SECTION 235-805 What this Subdivision is about

SECTION 235-810 Object of this Subdivision

SECTION 235-815 Application of Subdivision

SECTION 235-820 Look-through treatment for instalment trusts

SECTION 235-825 Meaning of instalment trust and instalment trust asset

SECTION 235-830 What trusts are covered - instalment trust arrangements

SECTION 235-835 Requirement for underlying investments to be listed or widely held

SECTION 235-840 What trusts are covered - limited recourse borrowings by regulated superannuation funds

SECTION 235-845 Interactions with other provisions

SECTION 240-1 What this Division is about

SECTION 240-3 How the recharacterisation affects the notional seller

SECTION 240-7 How the recharacterisation affects the notional buyer

SECTION 240-10 Application of this Division

SECTION 240-15 Scope of Division

SECTION 240-17 Who is the notional seller and the notional buyer?

SECTION 240-20 Notional sale of property by notional seller and notional acquisition of property by notional buyer

SECTION 240-25 Notional loan by notional seller to notional buyer

SECTION 240-30 What this Subdivision is about

SECTION 240-35 Amounts to be included in notional seller's assessable income

SECTION 240-40 Arrangement payments not to be included in notional seller's assessable income

SECTION 240-45 What this Subdivision is about

SECTION 240-50 Extent to which deductions are allowable to notional buyer

SECTION 240-55 Arrangement payments not to be deductions

SECTION 240-60 Notional interest

SECTION 240-65 Arrangement payments

SECTION 240-70 Arrangement payment periods

SECTION 240-75 When is the end of the arrangement?

### (Repealed) SECTION 240-78 Termination amounts

SECTION 240-80 What happens if the arrangement is extended or renewed

SECTION 240-85 What happens if an amount is paid by or on behalf of the notional buyer to acquire the property

SECTION 240-90 What happens if the notional buyer ceases to have the right to use the property

SECTION 240-100 What this Subdivision is about

SECTION 240-105 Adjustments for notional seller

SECTION 240-110 Adjustments for notional buyer

SECTION 240-112 Division 16E applies to certain arrangements

SECTION 240-115 Another person, or no person taken to own property in certain cases

SECTION 242-1 What this Division is about

SECTION 242-5 What this Subdivision is about

SECTION 242-10 Application

SECTION 242-15 Notional sale and acquisition

SECTION 242-20 Consideration for notional sale, and cost, of car

SECTION 242-25 Notional loan by lessor to lessee

SECTION 242-30 What this Subdivision is about

SECTION 242-35 Amount to be included in lessor ' s assessable income

SECTION 242-40 Treatment of lease payments

SECTION 242-45 What this Subdivision is about

SECTION 242-50 Extent to which deductions are allowable to lessee

SECTION 242-55 Lease payments not deductible

SECTION 242-60 What this Subdivision is about

SECTION 242-65 Adjustments for lessor

SECTION 242-70 Adjustments for lessee

SECTION 242-75 What this Subdivision is about

SECTION 242-80 What happens if the term of the lease is extended or the lease is renewed

SECTION 242-85 What happens if an amount is paid by the lessee to acquire the car

SECTION 242-90 What happens if the lessee stops having the right to use the car

SECTION 243-10 What this Division is about

SECTION 243-15 When does this Division apply?

SECTION 243-20 What is limited recourse debt?

SECTION 243-25 When is a debt arrangement terminated?

SECTION 243-30 What is the financed property and the debt property?

SECTION 243-35 Working out the excessive deductions

SECTION 243-40 Amount included in debtor's assessable income

SECTION 243-45 Deduction for later payments in respect of debt

SECTION 243-50 Deduction for payments for replacement debt

SECTION 243-55 Effect of Division on later capital allowance deductions

SECTION 243-57 Effect of Division on later capital allowance balancing adjustments

SECTION 243-58 Adjustment where debt only partially used for expenditure

SECTION 243-60 Application of Division to partnerships

SECTION 243-65 Application where partner reduces liability

SECTION 243-70 Application of Division to companies ceasing to be 100 % subsidiary

SECTION 243-75 Application of Division where debt forgiveness rules also apply

SECTION 245-1 What this Division is about

SECTION 245-2 Simplified outline of this Division

SECTION 245-5 What this Subdivision is about

SECTION 245-10 Commercial debts

SECTION 245-15 Non-equity shares

SECTION 245-20 Parts of debts

SECTION 245-30 What this Subdivision is about

SECTION 245-35 What constitutes forgiveness of a debt

SECTION 245-36 What constitutes forgiveness of a debt if the debt is assigned

SECTION 245-37 What constitutes forgiveness of a debt if a subscription for shares enables payment of the debt

SECTION 245-40 Forgivenesses to which operative rules do not apply

SECTION 245-45 Application of operative rules if forgiveness involves an arrangement

SECTION 245-48 What this Subdivision is about

SECTION 245-50 Extent of forgiveness if consideration is given

SECTION 245-55 General rule for working out the value of a debt

SECTION 245-60 Special rule for working out the value of a non-recourse debt

SECTION 245-61 Special rule for working out the value of a previously assigned debt

SECTION 245-65 Amount offset against amount of debt

SECTION 245-75 Gross forgiven amount of a debt

SECTION 245-77 Gross forgiven amount shared between debtors

SECTION 245-80 What this Subdivision is about

SECTION 245-85 Reduction of gross forgiven amount

SECTION 245-90 Agreement between companies under common ownership for creditor to forgo capital loss or deduction

SECTION 245-95 What this Subdivision is about

SECTION 245-100 Subdivision not to apply to calculation of attributable income

SECTION 245-105 How total net forgiven amount is applied

SECTION 245-115 Total net forgiven amount is applied in reduction of tax losses

SECTION 245-120 Allocation of total net forgiven amount in respect of tax losses

SECTION 245-130 Remaining total net forgiven amount is applied in reduction of net capital losses

SECTION 245-135 Allocation of remaining total net forgiven amount in respect of net capital losses

SECTION 245-145 Remaining total net forgiven amount is applied in reduction of expenditure

SECTION 245-150 Allocation of remaining total net forgiven amount in respect of expenditures

SECTION 245-155 How expenditure is reduced - straight line deductions

SECTION 245-157 How expenditure is reduced - diminishing balance deductions

SECTION 245-160 Amount applied in reduction of expenditure included in assessable income in certain circumstances

SECTION 245-175 Remaining total net forgiven amount is applied in reduction of cost bases of CGT assets

SECTION 245-180 Allocation of remaining total net forgiven amount among relevant cost bases of CGT assets

SECTION 245-185 Relevant cost bases of investments in associated entities are reduced last

SECTION 245-190 Reduction of the relevant cost bases of a CGT asset

SECTION 245-195 No further consequences if there is any remaining unapplied total net forgiven amount

SECTION 245-200 What this Subdivision is about

SECTION 245-215 Unapplied total net forgiven amount of a partnership is transferred to partners

SECTION 245-265 Keeping and retaining records

SECTION 247-1 What this Division is about

SECTION 247-5 Object of Division

SECTION 247-10 What capital protected borrowing and capital protection are

SECTION 247-15 Application of this Division

SECTION 247-20 Treating capital protection as a put option

SECTION 247-25 Number of put options

SECTION 247-30 Exercise or expiry of option

SECTION 250-1 What this Division is about

SECTION 250-5 Main objects

SECTION 250-10 When this Division applies to you and an asset

SECTION 250-15 General test

SECTION 250-20 First exclusion - small business entities

SECTION 250-25 Second exclusion - financial benefits under minimum value limit

SECTION 250-30 Third exclusion - certain short term or low value arrangements

SECTION 250-35 Exceptions to section 250-30

SECTION 250-40 Fourth exclusion - sum of present values of financial benefits less than amount otherwise assessable

SECTION 250-45 Fifth exclusion - Commissioner determination

SECTION 250-50 End user of an asset

SECTION 250-55 Tax preferred end user

SECTION 250-60 Tax preferred use of an asset

SECTION 250-65 Arrangement period for tax preferred use

SECTION 250-70 New tax preferred use at end of arrangement period if tax preferred use continues

SECTION 250-75 What constitutes a separate asset for the purposes of this Division

SECTION 250-80 Treatment of particular arrangements in the same way as leases

SECTION 250-85 Financial benefits in relation to tax preferred use of an asset

SECTION 250-90 Financial benefit provided directly or indirectly

SECTION 250-95 Expected financial benefits in relation to an asset put to tax preferred use

SECTION 250-100 Present value of financial benefit that has already been provided

SECTION 250-105 Discount rate to be used in working out present values

SECTION 250-110 Predominant economic interest

SECTION 250-115 Limited recourse debt test

SECTION 250-120 Right to acquire asset test

SECTION 250-125 Effectively non-cancellable, long term arrangement test

SECTION 250-130 Meaning of effectively non-cancellable arrangement

SECTION 250-135 Level of expected financial benefits test

SECTION 250-140 When to retest predominant economic interest under section 250-135

SECTION 250-145 Denial of capital allowance deductions

SECTION 250-150 Apportionment rule

SECTION 250-155 Arrangement treated as loan

SECTION 250-160 Financial benefits that are subject to deemed loan treatment

### (Repealed) SECTION 250-165 Financial arrangement

### (Repealed) SECTION 250-170 Financial arrangement (equity interest or right or obligation in relation to equity interest)

### (Repealed) SECTION 250-175 Rights, obligations and arrangements (grouping and disaggregation rules)

SECTION 250-180 End value of asset

SECTION 250-185 Financial benefits subject to deemed loan treatment not assessed

SECTION 250-190 What this Subdivision is about

SECTION 250-195 Application of Subdivision

SECTION 250-200 Objects of this Subdivision

SECTION 250-205 Gains are assessable and losses deductible

SECTION 250-210 Gain or loss to be taken into account only once under this Act

SECTION 250-215 Methods for taking gain or loss into account

SECTION 250-220 Consistency in working out gains or losses (integrity measure)

SECTION 250-225 Rights and obligations include contingent rights and obligations

SECTION 250-230 Application of accruals method

SECTION 250-235 Overview of the accruals method

SECTION 250-240 Applying accruals method to work out period over which gain or loss is to be spread

SECTION 250-245 How gain or loss is spread

SECTION 250-250 Allocating gain or loss to income years

SECTION 250-255 When to re-estimate

SECTION 250-260 Re-estimation if balancing adjustment on partial disposal

SECTION 250-265 When balancing adjustment made

SECTION 250-270 Exception for subsidiary member leaving consolidated group

SECTION 250-275 Balancing adjustment

SECTION 250-280 Financial arrangement received or provided as consideration

SECTION 250-285 Treatment of asset after Division ceases to apply to the asset

SECTION 250-290 Balancing adjustment under Subdivision 40-D in some circumstances

SECTION 250-295 Objections against determinations and decisions by the Commissioner

SECTION 253-1 What this Subdivision is about

SECTION 253-5 Payment of entitlement under financial claims scheme treated as payment from ADI

SECTION 253-10 Disposal of rights against ADI to APRA and meeting of financial claims scheme entitlement have no CGT effects

SECTION 253-15 Cost base of financial claims scheme entitlement and any remaining part of account that gave rise to entitlement

SECTION 275-1 What this Division is about

SECTION 275-5 What this Subdivision is about

SECTION 275-10 Meaning of managed investment trust

SECTION 275-15 Trusts with wholesale membership

SECTION 275-20 Widely-held requirements - ordinary case

SECTION 275-25 Widely-held requirements for registered MIT - special case for entities covered by subsection 275-20(4)

SECTION 275-30 Closely-held restrictions

SECTION 275-35 Licensing requirements for unregistered MIS

SECTION 275-40 MIT participation interest

SECTION 275-45 Meaning of managed investment trust - every member of trust is a managed investment trust etc.

SECTION 275-50 Extended definition of managed investment trust - no fund payment made in relation to the income year

SECTION 275-55 Extended definition of managed investment trust - temporary circumstances outside the control of the trustee

SECTION 275-100 Consequences of making choice - CGT to be primary code for calculating MIT gains or losses

SECTION 275-105 Covered assets

SECTION 275-110 MIT not to be trading trust

SECTION 275-115 MIT CGT choices

SECTION 275-120 Consequences of not making choice - revenue account treatment

SECTION 275-200 Gains and losses etc. from carried interests in managed investment trusts reflected in assessable income or deduction

SECTION 275-600 What this Subdivision is about

SECTION 275-605 Trustee taxed on amount of non-arm ' s length income of managed investment trust

SECTION 275-610 Non-arm ' s length income

SECTION 275-615 Commissioner ' s determination in relation to amount of non-arm ' s length income

SECTION 276-1 What this Division is about

SECTION 276-5 What this Subdivision is about

SECTION 276-10 Meaning of attribution managed investment trust (or AMIT )

SECTION 276-15 Clearly defined interests

SECTION 276-20 Trust with classes of membership interests - each class treated as separate AMIT

SECTION 276-50 What this Subdivision is about

SECTION 276-55 AMIT taken to be fixed trust and member taken to have vested and indefeasible interest in income and capital

SECTION 276-75 What this Subdivision is about

SECTION 276-80 Member ' s assessable income or tax offsets for determined member components - general rules

SECTION 276-85 Member ' s assessable income or tax offsets for determined member components - specific rules

SECTION 276-90 Commissioner ' s determination as to status of member as qualified person

SECTION 276-95 Relationship between section 276-80 and withholding rules

SECTION 276-100 Relationship between section 276-80 and other charging provisions in this Act

SECTION 276-105 Trustee taxed on foreign resident ' s determined member components

SECTION 276-110 Refundable tax offset for foreign resident member - member that is not a trustee

SECTION 276-115 Custodian interposed between AMIT and member

SECTION 276-200 What this Subdivision is about

SECTION 276-205 Meaning of determined member component

SECTION 276-210 Meaning of member component

SECTION 276-250 What this Subdivision is about

SECTION 276-255 Meaning of determined trust component

SECTION 276-260 Meaning of trust component

SECTION 276-265 Rules for working out trust components - general rules

SECTION 276-270 Rules for working out trust components - allocation of deductions

SECTION 276-300 What this Subdivision is about

SECTION 276-305 Adjustment of trust component for unders and overs

SECTION 276-310 Rounding adjustment deficit increases trust component

SECTION 276-315 Rounding adjustment surplus decreases trust component

SECTION 276-320 Meaning of trust component deficit

SECTION 276-325 Trust component of character relating to assessable income - adjustment for cross-character allocation amount, carry-forward trust component deficit and FITO allocation amount

SECTION 276-330 Meaning of cross-character allocation amount and carry-forward trust component deficit

SECTION 276-335 Meaning of FITO allocation amount

SECTION 276-340 Trust component character relating to tax offset - taxation of trust component deficit

SECTION 276-345 Meaning of under and over of a character

SECTION 276-350 Limited discovery period for unders and overs

SECTION 276-400 What this Subdivision is about

SECTION 276-405 Trustee taxed on shortfall in determined member component (character relating to assessable income)

SECTION 276-410 Trustee taxed on excess in determined member component (character relating to tax offset)

SECTION 276-415 Trustee taxed on amounts of determined trust component that are not reflected in determined member components

SECTION 276-420 Trustee taxed on amounts of under of character relating to assessable income not properly carried forward

SECTION 276-425 Trustee taxed on amounts of over of character relating to tax offset not properly carried forward

SECTION 276-430 Commissioner may remit tax under this Subdivision

SECTION 276-450 What this Subdivision is about

SECTION 276-455 Obligation to give an AMMA statement

SECTION 276-460 AMIT member annual statement (or AMMA statement )

SECTION 276-500 What this Subdivision is about

SECTION 276-505 Meaning of debt-like trust instrument

SECTION 276-510 Debt-like trust instruments treated as debt interests etc.

SECTION 276-515 Distribution on debt-like trust instrument could be deductible in working out trust components

SECTION 276-800 What this Subdivision is about

SECTION 276-810 Continue to work out trust components, unders, overs etc.

SECTION 276-815 Effect of increase

SECTION 276-820 Effect of decrease

SECTION 280-1 Effect of this Division

SECTION 280-5 Overview

SECTION 280-10 Contributions phase - deductibility

SECTION 280-15 Contributions phase - limits on superannuation tax concessions

SECTION 280-20 Investment phase

SECTION 280-25 Benefits phase - different types of superannuation benefit

SECTION 280-30 Benefits phase - taxation varies with age of recipient and type of benefit

SECTION 280-35 Benefits phase - roll-overs

SECTION 280-40 Other relevant legislative schemes

SECTION 285-5 Transfers of property

SECTION 290-1 What this Division is about

SECTION 290-5 Non-application to roll-over superannuation benefits etc.

SECTION 290-10 No deductions other than under this Division

SECTION 290-60 Employer contributions deductible

SECTION 290-65 Application to employees etc.

SECTION 290-70 Employment activity conditions

SECTION 290-75 Complying fund conditions

SECTION 290-80 Age related conditions

SECTION 290-85 Contributions for former employees etc.

SECTION 290-90 Controlling interest deductions

SECTION 290-95 Amounts offset against superannuation guarantee charge

SECTION 290-100 Returned contributions assessable

SECTION 290-150 Personal contributions deductible

SECTION 290-155 Complying superannuation fund condition

### (Repealed) SECTION 290-160 Maximum earnings as employee condition

SECTION 290-165 Age-related conditions

SECTION 290-167 Contribution must not be a downsizer contribution

SECTION 290-168 Contribution must not be a re-contribution under the first home super saver scheme

SECTION 290-169 Contribution must not be a COVID-19 re-contribution

SECTION 290-170 Notice of intent to deduct conditions

SECTION 290-175 Deduction limited by amount specified in notice

SECTION 290-180 Notice may be varied but not revoked or withdrawn

SECTION 290-230 Offset for spouse contribution

SECTION 290-235 Limit on amount of tax offsets

SECTION 290-240 Tax file number

SECTION 291-1 What this Division is about

SECTION 291-5 Object of this Division

SECTION 291-10 What this Subdivision is about

SECTION 291-15 Excess concessional contributions - assessable income, 15 % tax offset

SECTION 291-20 Your excess concessional contributions for a financial year

SECTION 291-25 Your concessional contributions for a financial year

SECTION 291-155 What this Subdivision is about

SECTION 291-160 Application

SECTION 291-165 Concessional contributions - special rules for defined benefit interests

SECTION 291-170 Notional taxed contributions

SECTION 291-175 Defined benefit interest

SECTION 291-365 What this Subdivision is about

SECTION 291-370 Contributions that do not result in excess contributions

SECTION 291-460 What this Subdivision is about

SECTION 291-465 Commissioner ' s discretion to disregard contributions etc. in relation to a financial year

SECTION 292-1 What this Division is about

SECTION 292-5 Object of this Division

SECTION 292-15 What this Subdivision is about

SECTION 292-20 Amount in assessable income, and tax offset, relating to your non-concessional contributions

SECTION 292-25 Amount included in assessable income

SECTION 292-30 Amount of the tax offset

SECTION 292-75 What this Subdivision is about

SECTION 292-80 Liability for excess non-concessional contributions tax

SECTION 292-85 Your excess non-concessional contributions for a financial year

SECTION 292-90 Your non-concessional contributions for a financial year

SECTION 292-95 Contributions arising from structured settlements or orders for personal injuries

SECTION 292-100 Contribution relating to some CGT small business concessions

SECTION 292-102 Downsizer contributions

SECTION 292-103 COVID-19 re-contributions

SECTION 292-105 CGT cap amount

### (Repealed) SECTION 292-155 What this Subdivision is about

### (Repealed) SECTION 292-160 Application

### (Repealed) SECTION 292-165 Concessional contributions - special rules for defined benefit interests

### (Repealed) SECTION 292-170 Notional taxed contributions

### (Repealed) SECTION 292-175 Defined benefit interest

SECTION 292-225 What this Subdivision is about

SECTION 292-230 Commissioner must make an excess non-concessional contributions tax assessment

### (Repealed) SECTION 292-235 Part-year assessment

SECTION 292-240 Validity of assessment

SECTION 292-245 Objections

### (Repealed) SECTION 292-250 Evidence

SECTION 292-300 What this Subdivision is about

SECTION 292-305 Amendments within 4 years of the original assessment

SECTION 292-310 Amended assessments are treated as excess non-concessional contributions tax assessments

SECTION 292-315 Later amendments - on request

SECTION 292-320 Later amendments - fraud or evasion

SECTION 292-325 Further amendment of an amended particular

SECTION 292-330 Amendment on review etc.

SECTION 292-380 What this Subdivision is about

SECTION 292-385 Due date for payment of excess non-concessional contributions tax

SECTION 292-390 General interest charge

SECTION 292-395 Refunds of amounts overpaid

### (Repealed) SECTION 292-400 Security for payment of tax

### (Repealed) SECTION 292-405 Release authority

### (Repealed) SECTION 292-410 Giving a release authority to a superannuation provider

### (Repealed) SECTION 292-415 Superannuation provider given release authority must pay amount

### (Repealed) SECTION 292-420 Release authorities for refunded excess concessional contributions

### (Repealed) SECTION 292-425 Interest for late payments of money received by the Commissioner in accordance with release authority

SECTION 292-465 Commissioner ' s discretion to disregard contributions etc. in relation to a financial year

SECTION 292-467 Direction that the value of superannuation interests is nil

### (Repealed) SECTION 292-468 Variations etc. of refunded excess concessional contributions determinations

### (Repealed) SECTION 292-469 Objections against determinations etc.

### (Repealed) SECTION 292-470 Power of Commissioner to obtain information

SECTION 293-1 What this Division is about

SECTION 293-5 Object of this Division

SECTION 293-10 What this Subdivision is about

SECTION 293-15 Liability for tax

SECTION 293-20 Your taxable contributions

SECTION 293-25 Your low tax contributions

SECTION 293-30 Low tax contributed amounts

### (Repealed) SECTION 293-35 Effect of determination relating to refunded excess concessional contributions

SECTION 293-60 What this Subdivision is about

SECTION 293-65 When tax is payable - original assessments

SECTION 293-70 When tax is payable - amended assessments

SECTION 293-75 General interest charge

SECTION 293-100 What this Subdivision is about

SECTION 293-105 Low tax contributions - modification for defined benefit interests

### (Repealed) SECTION 293-110 Effect of determination relating to refunded excess concessional contributions

SECTION 293-115 Defined benefit contributions

SECTION 293-140 What this Subdivision is about

SECTION 293-145 Who this Subdivision applies to

SECTION 293-150 Low tax contributions - modification for CPFs

SECTION 293-155 High income threshold - effect of modification

SECTION 293-160 Salary packaged contributions

SECTION 293-185 What this Subdivision is about

SECTION 293-190 Who this Subdivision applies to

SECTION 293-195 Defined benefit contributions - modified treatment of contributions under the Judges ' Pensions Act 1968

SECTION 293-200 High income threshold - effect of modification

SECTION 293-225 What this Subdivision is about

SECTION 293-230 Who is entitled to a refund

SECTION 293-235 Amount of the refund

SECTION 293-240 Entitlement to refund stops all Division 293 tax liabilities

SECTION 294-1 What this Division is about

SECTION 294-5 Object of this Division

SECTION 294-10 What this Subdivision is about

SECTION 294-15 When you have a transfer balance account

SECTION 294-20 Meaning of retirement phase recipient

SECTION 294-25 Transfer balance credits

SECTION 294-30 Excess transfer balance

SECTION 294-35 Your transfer balance cap

SECTION 294-40 Proportionally indexed transfer balance cap

SECTION 294-45 Transfer balance account ends

SECTION 294-50 Assumptions about income streams

SECTION 294-55 Repayment of limited recourse borrowing arrangement

SECTION 294-75 What this Subdivision is about

SECTION 294-80 Transfer balance debits

SECTION 294-85 Certain events that result in reduced superannuation

SECTION 294-90 Payment splits

SECTION 294-95 Payment splits - no double debiting

SECTION 294-120 What this Subdivision is about

SECTION 294-125 When this Subdivision applies

SECTION 294-130 Meaning of capped defined benefit income stream

SECTION 294-135 Transfer balance credit - special rule for capped defined benefit income streams

SECTION 294-140 Excess transfer balance - special rule for capped defined benefit income streams

SECTION 294-145 Transfer balance debits - special rules for capped defined benefit income streams

SECTION 294-170 What this Subdivision is about

SECTION 294-175 When this Subdivision applies

SECTION 294-180 Transfer balance account ends

SECTION 294-185 Transfer balance cap - special rule for child recipient

SECTION 294-190 Cap increment - child recipient just before 1 July 2017

SECTION 294-195 Cap increment - child recipient on or after 1 July 2017, deceased had no transfer balance account

SECTION 294-200 Cap increment - child recipient on or after 1 July 2017, deceased had transfer balance account

SECTION 294-225 What this Subdivision is about

SECTION 294-230 Excess transfer balance tax

SECTION 294-235 Your excess transfer balance earnings

SECTION 294-240 When tax is payable - original assessments

SECTION 294-245 When tax is payable - amended assessments

SECTION 294-250 General interest charge

SECTION 295-1 What this Division is about

SECTION 295-5 Entities to which Division applies

SECTION 295-10 How to work out the tax payable by superannuation entities

SECTION 295-15 Division does not impose a tax on property of a State

SECTION 295-20 Exempting laws ineffective

SECTION 295-25 Assessments on basis of anticipated SIS Act notice

SECTION 295-30 Effect of revocation etc. of SIS Act notices

SECTION 295-35 Acronyms used in tables

SECTION 295-85 CGT to be primary code for calculating gains or losses

SECTION 295-90 CGT rules for pre-30 June 1988 assets

SECTION 295-95 Deductions related to contributions

SECTION 295-100 Deductions for investing in PSTs and life policies

SECTION 295-105 Distributions to PST unitholders

SECTION 295-155 What this Subdivision is about

SECTION 295-160 Contributions and payments

SECTION 295-165 Exception - spouse contributions

SECTION 295-170 Exception - Government co-contributions and contributions for a child

### (Repealed) SECTION 295-171 Exception - payments from FHSAs and Government FHSA contributions

SECTION 295-173 Exception - trustee contributions

SECTION 295-175 Exception - payments by a member spouse

SECTION 295-180 Exception - choice to exclude certain contributions

SECTION 295-185 Exception - temporary residents

SECTION 295-190 Personal contributions and roll-over amounts

SECTION 295-195 Exclusion of personal contributions - contributions

SECTION 295-197 Exclusion of personal contributions - successor funds

SECTION 295-200 Transfers from foreign superannuation funds

SECTION 295-205 Application of tables to RSA providers

SECTION 295-210 Former constitutionally protected funds

SECTION 295-260 Transfer of liability to investment vehicle

SECTION 295-265 Application of pre-1 July 88 funding credits

SECTION 295-270 Anticipated funding credits

SECTION 295-320 Other amounts included in assessable income

SECTION 295-325 Previously complying funds

SECTION 295-330 Previously foreign funds

SECTION 295-335 Amounts excluded from assessable income

SECTION 295-385 Income from assets set aside to meet current pension liabilities

SECTION 295-387 Disregarded small fund assets

SECTION 295-390 Income from other assets used to meet current pension liabilities

SECTION 295-395 Meaning of segregated non-current assets

SECTION 295-400 Income of a PST attributable to current pension liabilities

SECTION 295-405 Other exempt income

SECTION 295-407 Covered superannuation income streams - RSAs

SECTION 295-410 Amount credited to RSA

SECTION 295-460 Benefits for which deductions are available

SECTION 295-465 Complying funds - deductions for insurance premiums

SECTION 295-470 Complying funds - deductions for future liability to pay benefits

SECTION 295-475 RSA providers - deductions for insurance premiums

SECTION 295-480 Meaning of whole of life policy and endowment policy

### (Repealed) SECTION 295-485 Deductions for increased amount of superannuation lump sum death benefit

SECTION 295-490 Other deductions

SECTION 295-495 Amounts that cannot be deducted

SECTION 295-545 Components of taxable income - complying superannuation funds, complying ADFs and PSTs

SECTION 295-550 Meaning of non-arm ' s length income

SECTION 295-555 Components of taxable income - RSA providers

SECTION 295-605 Liability for tax on no-TFN contributions income

SECTION 295-610 No-TFN contributions income

SECTION 295-615 Meaning of quoted (for superannuation purposes)

SECTION 295-620 No reduction under Subdivision 295-D

SECTION 295-625 Assessments

SECTION 295-675 Entitlement to a tax offset

SECTION 295-680 Amount of the tax offset

SECTION 301-1 What this Division is about

SECTION 301-5 Division applies to superannuation member benefits paid from complying plans etc.

SECTION 301-10 All superannuation benefits are tax free

SECTION 301-15 Tax free status of tax free component

SECTION 301-20 Superannuation lump sum - taxable component taxed at 0 % up to low rate cap amount, 15 % on remainder

SECTION 301-25 Superannuation income stream - taxable component attracts 15 % offset

SECTION 301-30 Tax free status of tax free component

SECTION 301-35 Superannuation lump sum - taxable component taxed at 20 %

SECTION 301-40 Superannuation income stream - taxable component is assessable income, 15 % offset for disability benefit

SECTION 301-90 Tax free component and element taxed in fund dealt with under Subdivision 301-B, but element untaxed in the fund dealt with under this Subdivision

SECTION 301-95 Superannuation lump sum - element untaxed in fund taxed at 15 % up to untaxed plan cap amount, top rate on remainder

SECTION 301-100 Superannuation income stream - element untaxed in fund attracts 10 % offset

SECTION 301-105 Superannuation lump sum - element untaxed in fund taxed at 15 % up to low rate cap amount, 30 % up to untaxed plan cap amount, top rate on remainder

SECTION 301-110 Superannuation income stream - element untaxed in fund is assessable income

SECTION 301-115 Superannuation lump sum - element untaxed in fund taxed at 30 % up to untaxed plan cap amount, top rate on remainder

SECTION 301-120 Superannuation income stream - element untaxed in fund is assessable income

SECTION 301-125 Unclaimed money payments by the Commissioner

SECTION 301-170 Departing Australia superannuation payments

SECTION 301-175 Treatment of departing Australia superannuation benefits

SECTION 301-225 Superannuation lump sum member benefits less than $ 200 are tax free

SECTION 301-275 Veterans ' superannuation (invalidity pension) tax offset

SECTION 302-1 What this Division is about

SECTION 302-5 Division applies to superannuation death benefits paid from complying plans etc.

SECTION 302-10 Superannuation death benefits paid to trustee of deceased estate

SECTION 302-60 All of superannuation lump sum is tax free

SECTION 302-65 Superannuation income stream benefits are tax free

SECTION 302-70 Superannuation income stream - tax free status of tax free component

SECTION 302-75 Superannuation income stream - taxable component attracts 15 % offset

SECTION 302-80 Treatment of element untaxed in the fund of superannuation income stream death benefit to dependant

SECTION 302-85 Deceased died aged 60 or above or dependant aged 60 years or above - superannuation income stream: element untaxed in fund attracts 10 % offset

SECTION 302-90 Deceased died aged under 60 and dependant aged under 60 - superannuation income stream: element untaxed in fund is assessable income

SECTION 302-140 Superannuation lump sum - tax free status of tax free component

SECTION 302-145 Superannuation lump sum - element taxed in the fund taxed at 15 % , element untaxed in the fund taxed at 30 %

SECTION 302-195 Meaning of death benefits dependant

SECTION 302-200 What is an interdependency relationship ?

SECTION 303-1 What this Division is about

SECTION 303-2 Effect of exceeding defined benefit income cap on assessable income

SECTION 303-3 Effect of exceeding defined benefit income cap on tax offsets

SECTION 303-4 Meaning of defined benefit income cap

SECTION 303-5 Commutation of income stream if you are under 25 etc.

SECTION 303-10 Superannuation lump sum member benefit paid to member having a terminal medical condition

SECTION 303-15 Payments from release authorities - general

### (Repealed) SECTION 303-17 Payments from release authorities etc. - released non-concessional contributions and associated earnings

SECTION 303-20 Payments from release authorities - paying debt account discharge liability for a superannuation interest

SECTION 304-1 What this Division is about

SECTION 304-5 Application

SECTION 304-10 Superannuation benefits in breach of legislative requirements etc.

### (Repealed) SECTION 304-15 Excess payments from release authorities

SECTION 304-20 Excess payments from release authorities - paying debt account discharge liability for a superannuation interest

SECTION 305-1 What this Division is about

SECTION 305-5 Tax treatment of superannuation benefits from certain Australian non-complying superannuation funds

SECTION 305-55 Restriction to lump sums received from certain foreign superannuation funds

SECTION 305-60 Lump sums tax free - foreign resident period

SECTION 305-65 Lump sums tax free - Australian resident period

SECTION 305-70 Lump sums received more than 6 months after Australian residency or termination of foreign employment etc.

SECTION 305-75 Lump sums - applicable fund earnings

SECTION 305-80 Lump sums paid into complying superannuation plans - choice

SECTION 306-1 What this Division is about

SECTION 306-5 Effect of a roll-over superannuation benefit

SECTION 306-10 Roll-over superannuation benefit

SECTION 306-12 Involuntary roll-over superannuation benefit

SECTION 306-15 Tax on excess untaxed roll-over amounts

SECTION 306-20 Effect of payment to government of unclaimed superannuation money

SECTION 306-25 Payments connected with financial claims scheme to RSAs

SECTION 307-1 What this Division is about

SECTION 307-5 What is a superannuation benefit ?

SECTION 307-10 Payments that are not superannuation benefits

SECTION 307-15 Payments for your benefit or at your direction or request

SECTION 307-65 Meaning of superannuation lump sum

SECTION 307-70 Meaning of superannuation income stream and superannuation income stream benefit

SECTION 307-75 Meaning of retirement phase superannuation income stream benefit

SECTION 307-80 When a superannuation income stream is in the retirement phase

SECTION 307-120 Components of superannuation benefit

SECTION 307-125 Proportioning rule

SECTION 307-130 Superannuation guarantee payment consists entirely of taxable component

SECTION 307-133 PPL superannuation contribution payment

SECTION 307-135 Superannuation co-contribution benefit payment consists entirely of tax free component

SECTION 307-140 Contributions-splitting superannuation benefit consists entirely of taxable component

SECTION 307-142 Components of certain unclaimed money payments

SECTION 307-143 Components of a superannuation benefit that is a repayment when an entitlement to a credit ceases for a release authority relating to an FHSS determination

SECTION 307-145 Modification for disability benefits

SECTION 307-150 Modification in respect of superannuation lump sum with element untaxed in fund

SECTION 307-200 Regulations relating to meaning of superannuation interests

SECTION 307-205 Value of superannuation interest

SECTION 307-210 Tax free component of superannuation interest

SECTION 307-215 Taxable component of superannuation interest

SECTION 307-220 What is the contributions segment ?

SECTION 307-225 What is the crystallised segment ?

SECTION 307-230 Total superannuation balance

SECTION 307-231 Limited recourse borrowing arrangements

SECTION 307-275 Element taxed in the fund and element untaxed in the fund of superannuation benefits

SECTION 307-280 Superannuation benefits from constitutionally protected funds etc.

SECTION 307-285 Trustee can choose to convert element taxed in the fund to element untaxed in the fund

SECTION 307-290 Taxed and untaxed elements of death benefit superannuation lump sums

SECTION 307-295 Superannuation benefits from public sector superannuation schemes may include untaxed element

SECTION 307-297 Public sector superannuation schemes - elements set by regulations

SECTION 307-300 Certain unclaimed money payments

SECTION 307-345 Low rate cap amount

SECTION 307-350 Untaxed plan cap amount

SECTION 307-400 Meaning of service period for a superannuation lump sum

SECTION 310-1 What this Division is about

SECTION 310-5 Object

SECTION 310-10 Original fund ' s assets extend beyond life insurance policies and units in pooled superannuation trusts

SECTION 310-15 Original fund ' s assets include a complying superannuation life insurance policy

SECTION 310-20 Original fund ' s assets include units in a pooled superannuation trust

SECTION 310-25 Who losses can be transferred to

SECTION 310-30 Losses that can be transferred

SECTION 310-35 Effect of transferring a net capital loss

SECTION 310-40 Effect of transferring a tax loss

SECTION 310-45 Choosing the assets roll-over

SECTION 310-50 Choosing the form of the assets roll-over

SECTION 310-55 CGT assets - if global asset approach chosen

SECTION 310-60 CGT assets - individual asset approach

SECTION 310-65 Revenue assets - if global asset approach chosen

SECTION 310-70 Revenue assets - individual asset approach

SECTION 310-75 Further consequences for roll-overs involving life insurance companies

SECTION 310-85 Choices

### (Repealed) SECTION 311-1 What this Division is about

### (Repealed) SECTION 311-5 Object

### (Repealed) SECTION 311-10 Certain entities can choose transfer of losses, asset roll-overs, or both for transfers between funds

### (Repealed) SECTION 311-12 Certain entities can choose asset roll-overs for transfers within a fund

### (Repealed) SECTION 311-15 Who losses can be transferred to

### (Repealed) SECTION 311-20 Losses that can be transferred

### (Repealed) SECTION 311-25 Effect of transferring a net capital loss

### (Repealed) SECTION 311-30 Effect of transferring a tax loss

### (Repealed) SECTION 311-35 Realisation of certain assets after completion time

### (Repealed) SECTION 311-40 Assets roll-over - transfers between funds

### (Repealed) SECTION 311-42 Assets roll-over - transfers within a fund

### (Repealed) SECTION 311-45 CGT assets

### (Repealed) SECTION 311-50 Revenue assets

### (Repealed) SECTION 311-55 Further consequences for roll-overs involving life insurance companies

### (Repealed) SECTION 311-60 Choices

SECTION 312-1 What this Division is about

SECTION 312-5 Division implements Arrangement with New Zealand

SECTION 312-10 Amounts contributed to complying superannuation funds from KiwiSaver schemes

SECTION 312-15 Superannuation benefits paid from complying superannuation funds to KiwiSaver schemes

SECTION 312-20 Superannuation benefits paid by Commissioner to KiwiSaver schemes

SECTION 313-1 What this Division is about

SECTION 313-5 Object of this Division

SECTION 313-10 Application of this Division

SECTION 313-15 What this Subdivision is about

SECTION 313-20 Amount included in assessable income

SECTION 313-25 Amount of the tax offset

SECTION 313-30 What this Subdivision is about

SECTION 313-35 Purchasing or constructing a residential premises

SECTION 313-40 Notifying Commissioner

SECTION 313-45 What this Subdivision is about

SECTION 313-50 Contributing amounts to superannuation

SECTION 313-55 What this Subdivision is about

SECTION 313-60 First home super saver tax

SECTION 313-65 When tax is payable - original assessments

SECTION 313-70 When tax is payable - amended assessments

SECTION 313-75 General interest charge

SECTION 313-80 What this Subdivision is about

SECTION 313-85 Review rights for decisions made under this Division

SECTION 315-1 What this Division is about

SECTION 315-5 Policy holders to disregard capital gains and losses related to demutualisation of private health insurer

SECTION 315-10 Effect on the legal personal representative or beneficiary

SECTION 315-15 Demutualisations to which this Division applies

SECTION 315-20 What assets are covered

SECTION 315-25 Demutualising health insurers to disregard capital gains and losses related to demutualisation

SECTION 315-30 Other entities to disregard capital gains and losses related to demutualisation

SECTION 315-80 Cost base and acquisition time of demutualisation assets

SECTION 315-85 Demutualisation asset

SECTION 315-90 Participating policy holders

SECTION 315-140 Lost policy holders trust

SECTION 315-145 CGT treatment of demutualisation assets in lost policy holders trust

SECTION 315-150 Roll-over where assets transferred to lost policy holder

SECTION 315-155 Trustee assessed if assets dealt with not for benefit of lost policy holder

SECTION 315-160 Subdivision 126-E does not apply to lost policy holders trust

SECTION 315-210 Cost base for shares and rights in certain holding companies

SECTION 315-260 Special CGT rule for legal personal representatives and beneficiaries

SECTION 315-310 General taxation consequences of issue of demutualisation assets etc.

SECTION 316-1 What this Division is about

SECTION 316-5 Application of this Division

SECTION 316-50 What this Subdivision is about

SECTION 316-55 Disregarding capital gains and losses, except some involving receipt of money

SECTION 316-60 Taking account of some capital gains and losses involving receipt of money

SECTION 316-65 Valuation factor for sections 316-60, 316-105 and 316-165

SECTION 316-70 Value of the friendly society

SECTION 316-75 Disregarding friendly society ' s capital gains and losses

SECTION 316-80 Disregarding other entities ' capital gains and losses

SECTION 316-100 What this Subdivision is about

SECTION 316-105 Cost base and time of acquisition of shares and certain rights issued under demutualisation

SECTION 316-110 Demutualisation assets

SECTION 316-115 Entities to which section 316-105 applies

SECTION 316-150 What this Subdivision is about

SECTION 316-155 Lost policy holders trust

SECTION 316-160 Disregarding beneficiaries ' capital gains and losses, except some involving receipt of money

SECTION 316-165 Taking account of some capital gains and losses involving receipt of money by beneficiaries

SECTION 316-170 Roll-over where shares or rights to acquire shares transferred to beneficiary of lost policy holders trust

SECTION 316-175 Trustee assessed if shares or rights dealt with not for benefit of beneficiary of lost policy holders trust

SECTION 316-180 Subdivision 126-E does not apply

SECTION 316-200 Demutualisation assets not owned by deceased but passing to beneficiary in deceased estate

SECTION 316-205 Interest in lost policy holders trust not owned by deceased but passing to beneficiary in deceased estate

SECTION 316-250 What this Subdivision is about

SECTION 316-255 General taxation consequences of issue of demutualisation assets etc.

SECTION 316-260 Franking debits to stop the friendly society and its subsidiaries having franking surpluses

SECTION 316-265 Franking debits to negate franking credits from some distributions to friendly society and subsidiaries

SECTION 316-270 Franking debits to negate franking credits from post-demutualisation payments of pre-demutualisation tax

SECTION 316-275 Franking credits to negate franking debits from refunds of tax paid before demutualisation

SECTION 320-1 What this Division is about

SECTION 320-5 Object of Division

SECTION 320-10 What this Subdivision is about

SECTION 320-15 Assessable income - various amounts

SECTION 320-30 Assessable income - special provision for certain income years

SECTION 320-35 Exempt income

SECTION 320-37 Non-assessable non-exempt income

SECTION 320-45 Tax treatment of gains or losses from CGT events in relation to complying superannuation assets

SECTION 320-50 What this Subdivision is about

SECTION 320-55 Deduction for life insurance premiums where liabilities under life insurance policies are to be discharged from complying superannuation assets

SECTION 320-60 Deduction for life insurance premiums where liabilities under life insurance policies are to be discharged from segregated exempt assets

SECTION 320-65 Deduction for life insurance premiums in respect of life insurance policies that provide for participating or discretionary benefits

SECTION 320-70 No deduction for life insurance premiums in respect of certain life insurance policies payable only on death or disability

SECTION 320-75 Deduction for ordinary investment policies

SECTION 320-80 Deduction for certain claims paid under life insurance policies

SECTION 320-85 Deduction for increase in value of liabilities under net risk components of life insurance policies

SECTION 320-87 Deduction for assets transferred from or to complying superannuation asset pool

SECTION 320-100 Deduction for life insurance premiums paid under certain contracts of reinsurance

SECTION 320-105 Deduction for assets transferred to segregated exempt assets

### (Repealed) SECTION 320-107 Deductions for increased amount of lump sum death benefit

SECTION 320-110 Deduction for interest credited to income bonds

SECTION 320-111 Deduction for funeral policy payout

SECTION 320-112 Deduction for scholarship plan payout

SECTION 320-115 No deduction for amounts credited to RSAs

SECTION 320-120 Capital losses from assets other than complying superannuation assets or segregated exempt assets

SECTION 320-125 Capital losses from complying superannuation assets

SECTION 320-130 What this Subdivision is about

SECTION 320-131 Overview of Subdivision

SECTION 320-133 Object of Subdivision

SECTION 320-134 Income tax of a life insurance company

SECTION 320-135 Taxable income and tax loss of each of the 2 classes

SECTION 320-137 Taxable income - complying superannuation class

SECTION 320-139 Taxable income - ordinary class

SECTION 320-141 Tax loss - complying superannuation class

SECTION 320-143 Tax loss - ordinary class

SECTION 320-149 Provisions that apply only in relation to the ordinary class

SECTION 320-150 What this Subdivision is about

SECTION 320-155 Subdivisions 295-I and 295-J apply to companies that are RSA providers

SECTION 320-165 What this Subdivision is about

SECTION 320-170 Establishment of complying superannuation asset pool

SECTION 320-175 Valuations of complying superannuation assets and complying superannuation liabilities for each valuation time

SECTION 320-180 Consequences of a valuation under section 320-175

SECTION 320-185 Transfer of assets to complying superannuation asset pool otherwise than as a result of a valuation under section 320-175

SECTION 320-190 Complying superannuation liabilities

SECTION 320-195 Transfer of assets and payment of amounts from a complying superannuation asset pool otherwise than as a result of a valuation under section 320-175

SECTION 320-200 Consequences of transfer of assets to or from complying superannuation asset pool

### (Repealed) SECTION 320-205 What is the virtual PST component

### (Repealed) SECTION 320-210 What this Subdivision is about

### (Repealed) SECTION 320-215 What is the specified roll-over component

SECTION 320-220 What this Subdivision is about

SECTION 320-225 Segregation of assets for purpose of discharging exempt life insurance policy liabilities

SECTION 320-230 Valuations of segregated exempt assets and exempt life insurance policy liabilities for each valuation time

SECTION 320-235 Consequences of a valuation under section 320-230

SECTION 320-240 Transfer of assets to segregated exempt assets otherwise than as a result of a valuation under section 320-230

SECTION 320-245 Exempt life insurance policy liabilities

SECTION 320-246 Exempt life insurance policy

SECTION 320-247 Policy split into an exempt life insurance policy and another life insurance policy

SECTION 320-250 Transfer of assets and payment of amounts from segregated exempt assets otherwise than as a result of a valuation under section 320-230

SECTION 320-255 Consequences of transfer of assets to or from segregated exempt assets

SECTION 320-300 What this Subdivision is about

SECTION 320-305 When this Subdivision applies

SECTION 320-310 Special deductions and amounts of assessable income

SECTION 320-315 Complying superannuation asset pool and segregated exempt assets

SECTION 320-320 Certain amounts treated as life insurance premiums

SECTION 320-325 Friendly societies

SECTION 320-330 Immediate annuities

SECTION 320-335 Parts of assets treated as separate assets

SECTION 320-340 Continuous disability policies

SECTION 320-345 Exemption of management fees

SECTION 321-10 Assessable income to include amount for reduction in adjusted liability for incurred claims

SECTION 321-15 Deduction for increase in adjusted liability for incurred claims

SECTION 321-20 How the value of adjusted liability for incurred claims is worked out

SECTION 321-25 Deduction for claims paid during current year

SECTION 321-45 Assessable income to include gross premiums

SECTION 321-50 Assessable income to include amount for reduction in adjusted liability for remaining coverage

SECTION 321-55 Deduction for increase in adjusted liability for remaining coverage

SECTION 321-60 How the value of adjusted liability for remaining coverage is worked out

SECTION 321-80 Assessable income to include amount for reduction in outstanding claims liability

SECTION 321-85 Deduction for outstanding claims liability

SECTION 321-90 How value of outstanding claims liability is worked out

SECTION 321-95 Deductions for claims paid during current year

SECTION 322-1 What this Division is about

SECTION 322-5 Rescue payments treated as insurance payments by HIH

SECTION 322-10 HIH Trust exempt from tax

SECTION 322-15 Certain capital gains and capital losses disregarded

SECTION 322-20 What this Subdivision is about

SECTION 322-25 Payment of entitlement under financial claims scheme treated as payment from insurer

SECTION 322-30 Disposal of rights against insurer to APRA and meeting of financial claims scheme entitlement have no CGT effects

SECTION 328-5 What this Division is about

SECTION 328-10 Concessions available to small business entities

SECTION 328-50 Objects of this Division

SECTION 328-105 What this Subdivision is about

SECTION 328-110 Meaning of small business entity

SECTION 328-115 Meaning of aggregated turnover

SECTION 328-120 Meaning of annual turnover

SECTION 328-125 Meaning of connected with an entity

SECTION 328-130 Meaning of affiliate

SECTION 328-170 What this Subdivision is about

SECTION 328-175 Calculations for depreciating assets

SECTION 328-180 Assets costing less than $ 1,000

SECTION 328-185 Pooling

SECTION 328-190 Calculation

SECTION 328-195 Opening pool balance

SECTION 328-200 Closing pool balance

SECTION 328-205 Estimate of taxable use

SECTION 328-210 Low pool value

SECTION 328-215 Disposal etc. of depreciating assets

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

SECTION 328-225 Change in business use

SECTION 328-230 Estimate where deduction denied

SECTION 328-235 Interaction with Divisions 85 and 86

### (Repealed) SECTION 328-237 Special deduction for certain motor vehicles

### (Repealed) SECTION 328-240 Roll-over relief for partnership changes

SECTION 328-243 Roll-over relief

SECTION 328-245 Consequences of roll-over

SECTION 328-247 Pool deductions

SECTION 328-250 Deductions for assets first used in BAE year

SECTION 328-253 Deductions for cost addition amounts

SECTION 328-255 Closing pool balance etc. below zero

SECTION 328-257 Taxable use

SECTION 328-280 What this Subdivision is about

SECTION 328-285 Trading stock for small and medium business entities

### (Repealed) SECTION 328-290 Adjustments in certain cases

SECTION 328-295 Value of trading stock on hand

SECTION 328-350 What this Subdivision is about

SECTION 328-355 Entitlement to the small business income tax offset

SECTION 328-357 Special meaning of small business entity for the purposes of this Subdivision - $ 5 million turnover threshold

SECTION 328-360 Amount of your tax offset

SECTION 328-365 Net small business income

SECTION 328-370 Relevant attributable deductions

SECTION 328-375 Modification if you are under 18 years old

SECTION 328-420 What this Subdivision is about

SECTION 328-425 Object of this Subdivision

SECTION 328-430 When a roll-over is available

SECTION 328-435 Genuine restructures - safe harbour rule

SECTION 328-440 Ultimate economic ownership - discretionary trusts

SECTION 328-445 Residency requirement

SECTION 328-450 Small business transfers not to affect income tax positions

SECTION 328-455 Effect of small business restructures on transferred cost of assets

SECTION 328-460 Effect of small business restructures on acquisition times of pre-CGT assets

SECTION 328-465 New membership interests as consideration for transfer of assets

SECTION 328-470 Membership interests affected by transfers of assets

SECTION 328-475 Small business restructures involving assets already subject to small business roll-over

(Repealed) Division 330 - Mining and quarrying

### (Repealed) SECTION 345-1 What this Division is about

### (Repealed) SECTION 345-5 FHSA provider that is trustee of FHSA trust - tax payable

### (Repealed) SECTION 345-10 FHSA provider that is trustee of FHSA trust - CGT to be primary code for calculating gains or losses

### (Repealed) SECTION 345-15 FHSA provider that is an ADI (other than RSA provider) - taxable income and standard component of taxable income

### (Repealed) SECTION 345-20 FHSA provider that is an ADI - FHSA component of taxable income

### (Repealed) SECTION 345-25 FHSA provider that is an ADI (other than an RSA provider) - amounts that cannot be deducted

### (Repealed) SECTION 345-30 Amounts of tax paid by FHSA providers that are ADIs

### (Repealed) SECTION 345-50 Credits to and payments from FHSAs etc.

### (Repealed) SECTION 345-100 Liability for FHSA misuse tax

### (Repealed) SECTION 345-110 Due date for payment of FHSA misuse tax

### (Repealed) SECTION 345-115 General interest charge

SECTION 355-1 What this Division is about

SECTION 355-5 Object

SECTION 355-20 R & D activities

SECTION 355-25 Core R & D activities

SECTION 355-30 Supporting R & D activities

SECTION 355-35 R & D entities

SECTION 355-100 Entitlement to tax offset

SECTION 355-105 Deductions under this Division are notional only

SECTION 355-110 Notional deductions include prepaid expenditure

SECTION 355-115 Working out an R & D entity ' s total expenses

SECTION 355-200 What this Subdivision is about

SECTION 355-205 When notional deductions for R & D expenditure arise

SECTION 355-210 Conditions for R & D activities

SECTION 355-215 R & D activities conducted by a permanent establishment for other parts of the body corporate

SECTION 355-220 R & D activities conducted for a foreign entity

SECTION 355-225 Expenditure that cannot be notionally deducted

SECTION 355-300 What this Subdivision is about

SECTION 355-305 When notional deductions for decline in value arise

SECTION 355-310 Notional application of Division 40

SECTION 355-315 Balancing adjustments - assets only used for R & D activities

SECTION 355-400 Expenditure incurred while not at arm ' s length

SECTION 355-405 Expenditure not at risk

SECTION 355-410 Disposal of R & D results

SECTION 355-415 Reducing deductions to reflect mark-ups within groups

SECTION 355-430 What this Subdivision is about

SECTION 355-435 When this Subdivision applies

SECTION 355-440 R & D recoupments

SECTION 355-445 Feedstock adjustments

SECTION 355-446 Balancing adjustments for assets only used for R & D activities

SECTION 355-447 Balancing adjustments for assets partially used for R & D activities

SECTION 355-448 Balancing adjustments for R & D partnership assets only used for R & D activities

SECTION 355-449 Balancing adjustments for R & D partnership assets partially used for R & D activities

SECTION 355-450 Amount to be included in assessable income

SECTION 355-455 What this Subdivision is about

SECTION 355-460 When this Subdivision applies

SECTION 355-465 Assets only used for R & D activities

SECTION 355-466 Assets partially used for R & D activities

SECTION 355-467 R & D partnership assets only used for R & D activities

SECTION 355-468 R & D partnership assets partially used for R & D activities

### (Repealed) SECTION 355-470 Feedstock revenue

SECTION 355-475 Amount that can be deducted

SECTION 355-480 Notional deductions for expenditure incurred to associate in earlier income years

SECTION 355-500 What this Subdivision is about

SECTION 355-505 Meaning of R & D partnership and partner's proportion

SECTION 355-510 R & D partnership expenditure on R & D activities

SECTION 355-515 R & D activities conducted by or for an R & D partnership

SECTION 355-520 When notional deductions arise for decline in value of depreciating assets of R & D partnerships

SECTION 355-525 Balancing adjustments for R & D partnership assets only used for R & D activities

SECTION 355-530 Implications for partner ' s aggregated turnover

SECTION 355-535 Disposal of R & D results for R & D partnerships

SECTION 355-540 Application of recoupment rules

SECTION 355-545 Relevance for net income, and losses, of the R & D partnership

SECTION 355-580 When notional deductions for CRC contributions arise

### (Repealed) SECTION 355-700 Objecting to assessment of refundable tax offset

SECTION 355-705 Effect of findings by Industry Innovation and Science Australia

SECTION 355-710 Amendment of assessments

SECTION 355-715 Implications for other deductions and tax offsets

### (Repealed) SECTION 355-720 Certain related amounts may be reduced if notional deductions exceeded $ 100 million

### (Repealed) SECTION 355-750 Review of rate when notional deductions exceed $ 100 million

SECTION 360-5 What this Subdivision is about

SECTION 360-10 Object of this Subdivision

SECTION 360-15 Entitlement to the tax offset

SECTION 360-20 Limited entitlement for certain kinds of investors

SECTION 360-25 Amount of the tax offset - general case

SECTION 360-30 Amount of the tax offset - members of trusts or partnerships

SECTION 360-35 Amount of the tax offset - trustees

SECTION 360-40 Early stage innovation companies

SECTION 360-45 100 point innovation test

SECTION 360-50 Modified CGT treatment

SECTION 360-55 Modified CGT treatment - partnerships

SECTION 360-60 Modified CGT treatment - not affected by certain roll-overs

SECTION 360-65 Separate modified CGT treatment for roll-overs about wholly-owned companies or scrip for scrip roll-overs

(Repealed) Division 373 - Intellectual property

### (Repealed) SECTION 375-800 What this Subdivision is about

### (Repealed) SECTION 375-805 Does your tax loss have a film component?

### (Repealed) SECTION 375-810 What is a film loss?

### (Repealed) SECTION 375-815 Deductibility of film losses

### (Repealed) SECTION 375-820 Order in which tax losses are to be deducted

### (Repealed) SECTION 375-850 What this Subdivision is about

### (Repealed) SECTION 375-855 What can you deduct?

### (Repealed) SECTION 375-860 When can you claim the deduction?

### (Repealed) SECTION 375-865 How can you lose your entitlement?

### (Repealed) SECTION 375-870 How this Subdivision applies to partners and partnerships

### (Repealed) SECTION 375-872 Distribution of FLIC concessional capital is instead taken to be a dividend

### (Repealed) SECTION 375-875 Tax losses cannot be transferred to or from FLICs

### (Repealed) SECTION 375-880 FLIC cannot claim deductions for concessional capital

SECTION 376-1 What this Division is about

SECTION 376-2 Key features of the tax offsets for Australian production expenditure on films

SECTION 376-5 Structure of this Division

SECTION 376-10 Film production company entitled to refundable tax offset for Australian expenditure in making a film (location offset)

SECTION 376-15 Amount of the location offset

SECTION 376-20 Minister must issue certificate for a film for the location offset

SECTION 376-25 Meaning of documentary

SECTION 376-27 Minimum training expenditure requirement

SECTION 376-28 Minimum training expenditure exemption - permanent film infrastructure

SECTION 376-29 Minimum training expenditure exemption - training programs

SECTION 376-30 Minister to determine a company ' s qualifying Australian production expenditure for the location offset

SECTION 376-32 Minister may require information

SECTION 376-35 Film production company entitled to refundable tax offset for post, digital and visual effects production for a film (PDV offset)

SECTION 376-40 Amount of the PDV offset

SECTION 376-45 Minister must issue certificate for a film for the PDV offset

SECTION 376-50 Minister to determine a company ' s qualifying Australian production expenditure for the PDV offset

SECTION 376-55 Film production company entitled to refundable tax offset for Australian expenditure in making an Australian film (producer offset)

SECTION 376-60 Amount of the producer offset

SECTION 376-65 Film authority must issue certificate for an Australian film for the producer offset

SECTION 376-70 Determination of content of film

SECTION 376-75 Film authority to determine a company ' s qualifying Australian production expenditure for the producer offset

SECTION 376-125 Production expenditure - general test

SECTION 376-130 Production expenditure - special qualifying Australian production expenditure

SECTION 376-135 Production expenditure - specific exclusions

SECTION 376-140 Production expenditure - special rules for the location offset

SECTION 376-145 Qualifying Australian production expenditure - general test

SECTION 376-150 Qualifying Australian production expenditure - specific inclusions

SECTION 376-155 Qualifying Australian production expenditure - specific exclusions

SECTION 376-160 Qualifying Australian production expenditure - treatment of services embodied in goods

SECTION 376-165 Qualifying Australian production expenditure - special rules for the location offset and the PDV offset

SECTION 376-170 Qualifying Australian production expenditure - special rules for the producer offset

SECTION 376-175 Expenditure to be worked out on an arm ' s length basis

SECTION 376-180 Expenditure incurred by prior production companies

SECTION 376-185 Expenditure to be worked out excluding GST

SECTION 376-230 Production company may apply for certificate

SECTION 376-235 Notice of refusal to issue certificate

SECTION 376-240 Issue of certificate

SECTION 376-245 Revocation of certificate

SECTION 376-247 Delegation by Arts Minister

SECTION 376-250 Notice of decision or determination

SECTION 376-255 Review of decisions by the Administrative Review Tribunal

SECTION 376-260 Minister may make rules about the location offset and the PDV offset

SECTION 376-265 Film authority may make rules about the producer offset

SECTION 376-270 Amendment of assessments

SECTION 376-275 Review in relation to certain production levels

SECTION 378-1 What this Division is about

SECTION 378-10 Company entitled to refundable tax offset for Australian expenditure incurred in developing digital games

SECTION 378-15 Amount of digital games tax offset

SECTION 378-20 Meaning of digital game

SECTION 378-25 Arts Minister must issue certificate for the digital games tax offset

SECTION 378-30 Arts Minister to determine a company ' s qualifying Australian development expenditure for the digital games tax offset

SECTION 378-35 Development expenditure

SECTION 378-40 Qualifying Australian development expenditure

SECTION 378-45 Expenditure incurred by prior companies in completing or porting a digital game

SECTION 378-50 Expenditure to be worked out excluding GST

SECTION 378-55 Single company or head company may apply for certificate

SECTION 378-60 Notice of refusal to issue certificate

SECTION 378-65 Issue of certificate

SECTION 378-70 Revocation of certificate

SECTION 378-75 Amendment of certificate

SECTION 378-80 Amendment of assessments

SECTION 378-85 Notice of decision or determination

SECTION 378-90 Review of decisions by the Administrative Review Tribunal

SECTION 378-95 Copy of digital game to be made available to the National Film and Sound Archive of Australia

SECTION 378-100 Arts Minister may make rules about the digital games tax offset

SECTION 378-105 Arts Minister may make rules establishing a Digital Games Tax Offset Advisory Board

SECTION 378-110 Delegation by Arts Minister

SECTION 378-115 Review of operation of this Division

SECTION 380-1 What this Division is about

SECTION 380-5 Claims by individuals, corporate tax entities and superannuation funds

SECTION 380-10 Members of NRAS consortiums - individuals, corporate tax entities and superannuation funds

SECTION 380-11 Elections by NRAS approved participants

SECTION 380-12 Elections by NRAS approved participants - tax offsets

SECTION 380-13 Elections by NRAS approved participants - special rule for partnerships and trustees

SECTION 380-14 Members of NRAS consortiums - partnerships and trustees

SECTION 380-15 Entities to whom NRAS rent flows indirectly

SECTION 380-16 Elections by NRAS approved participants that are partnerships or trustees

SECTION 380-17 Elections by NRAS approved participants that are partnerships or trustees - tax offsets

SECTION 380-18 Elections by NRAS approved participants that are partnerships or trustees - special rule for partnerships and trustees

SECTION 380-20 Trustee of a trust that does not have net income for an income year

SECTION 380-25 When NRAS rent flows indirectly to or through an entity

SECTION 380-30 Share of NRAS rent

SECTION 380-32 Amended certificates

SECTION 380-35 Payments made and non-cash benefits provided in relation to the National Rental Affordability Scheme

SECTION 385-1 What this Division is about

SECTION 385-5 Where to find some other rules relevant to primary producers

SECTION 385-90 What this Subdivision is about

SECTION 385-95 Basic principles for elections under this Subdivision

SECTION 385-100 Cases where you can make an election

SECTION 385-105 Election to spread tax profit over 5 years

SECTION 385-110 Alternative election to defer tax profit and reduce cost of replacement live stock

SECTION 385-115 Your assessable income includes an amount for replacement live stock you breed

SECTION 385-120 Purchase price of replacement live stock is reduced

SECTION 385-125 Alternative election because of bovine tuberculosis has effect over 10 years not 5

SECTION 385-130 Insurance for loss of live stock or trees

SECTION 385-135 Election to defer including profit on second wool clip

SECTION 385-145 Partnerships and trusts

SECTION 385-150 Time for making election

SECTION 385-155 Amounts are assessable income from carrying on the primary production business

SECTION 385-160 Effect of certain events on election

SECTION 385-163 Disentitling events

SECTION 385-165 New partnership can elect to be treated as same entity as old partnership

SECTION 385-170 New partnership can elect to take advantage of election made by former owner of the business

(Repealed) Subdivision 385-J - Refundable tax offset for conservation tillage

(Repealed) Division 387 - Capital allowances for primary producers and some land-holders

(Repealed) Division 388 - Tax offsets for primary producers and some land-holders

SECTION 392-1 What this Division is about

SECTION 392-5 Overview of averaging process

SECTION 392-10 Individuals who carry on a primary production business

SECTION 392-15 Meaning of basic taxable income

SECTION 392-20 Trust beneficiaries taken to be carrying on primary production business

SECTION 392-22 Trustee may choose that a beneficiary is a chosen beneficiary of the trust

SECTION 392-25 Choosing not to have your income tax averaged

SECTION 392-30 What this Subdivision is about

SECTION 392-35 Will you get a tax offset or have to pay extra income tax?

SECTION 392-40 Identify income years for averaging your basic taxable income

SECTION 392-45 Work out your average income for those years

SECTION 392-50 Work out the income tax on your average income at basic rates

SECTION 392-55 Work out the comparison rate

SECTION 392-60 What this Subdivision is about

SECTION 392-65 What your averaging adjustment reflects

SECTION 392-70 Working out your gross averaging amount

SECTION 392-75 Working out your averaging adjustment

SECTION 392-80 Work out your taxable primary production income

SECTION 392-85 Work out your taxable non-primary production income

SECTION 392-90 Work out your averaging component

SECTION 392-95 You are treated as if you had not carried on business before

SECTION 393-1 What this Division is about

SECTION 393-5 Deduction for making farm management deposit

SECTION 393-10 Assessability on repayment of deposit

SECTION 393-15 Transactions to which the deduction, assessment and 12 month rules have modified application

SECTION 393-16 Consolidation of farm management deposits

SECTION 393-17 Tax consequences of liabilities reducing because of farm management deposits

SECTION 393-20 Farm management deposits

SECTION 393-25 Owners of farm management deposits

SECTION 393-27 Trustee may choose that a beneficiary is a chosen beneficiary of the trust

SECTION 393-28 Application of Division to beneficiary no longer under legal disability

SECTION 393-30 Effect of contravening requirements

SECTION 393-35 Requirements of agreement for a farm management deposit

SECTION 393-37 Agreements for a farm management deposit may allow for some offsets of a depositor ' s liabilities

SECTION 393-40 Repayment of deposit within first 12 months

SECTION 393-45 Partly repaid farm management deposits

SECTION 393-50 What this Subdivision is about

SECTION 393-55 Farm management deposits arising from farm management deposits with ADIs subject to financial claims scheme

SECTION 393-60 Repayment if owner of farm management deposit with insolvent ADI dies, is bankrupt or ceases to be a primary producer

SECTION 394-1 What this Division is about

SECTION 394-5 Object of this Division

SECTION 394-10 Deduction for amounts paid under forestry managed investment schemes

SECTION 394-15 Forestry managed investment schemes and related concepts

SECTION 394-20 Payments on behalf of participant in forestry managed investment scheme

SECTION 394-25 CGT event in relation to forestry interest in forestry managed investment scheme - initial participant

SECTION 394-30 CGT event in relation to forestry interest in forestry managed investment scheme - subsequent participant

SECTION 394-35 70 % DFE rule

SECTION 394-40 Payments under forestry managed investment scheme

SECTION 394-45 Direct forestry expenditure

### (Repealed) SECTION 396-5 What this Division is about

### (Repealed) SECTION 396-10 What this Subdivision is about

### (Repealed) SECTION 396-15 Tax offset for LTF interest on land transport facilities borrowings

### (Repealed) SECTION 396-20 Maximum cost to Commonwealth

### (Repealed) SECTION 396-25 Borrower cannot deduct LTF interest for which lender has tax offset

### (Repealed) SECTION 396-30 What is LTF interest?

### (Repealed) SECTION 396-35 Interest covered by land transport facilities borrowings agreement

### (Repealed) SECTION 396-40 Interest ceasing to be covered by a land transport facilities borrowings agreement

### (Repealed) SECTION 396-45 What projects can be approved?

### (Repealed) SECTION 396-50 Who can be approved as a borrower?

### (Repealed) SECTION 396-55 Who can be a lender?

### (Repealed) SECTION 396-60 Applications

### (Repealed) SECTION 396-65 Minister or Commissioner may seek more information

### (Repealed) SECTION 396-70 Transport Minister to consider applications

### (Repealed) SECTION 396-75 Selection criteria

### (Repealed) SECTION 396-80 Land transport facilities borrowings agreements

### (Repealed) SECTION 396-85 Conditions to be in all agreements

### (Repealed) SECTION 396-90 Variation of agreements

### (Repealed) SECTION 396-95 Provision of information

### (Repealed) SECTION 396-100 Publication of information about approvals and agreements

### (Repealed) SECTION 396-105 Delegation by Transport Minister

### (Repealed) SECTION 396-110 Decision by Transport Minister not reviewable by AAT

(Repealed) Division 400 - Environmental impact assessment and environmental protection

### (Repealed) SECTION 402-1 What this Division is about

### (Repealed) SECTION 402-750 What this Subdivision is about

### (Repealed) SECTION 402-755 Entitlement to urban water tax offset

### (Repealed) SECTION 402-760 Certificates

### (Repealed) SECTION 402-765 Amount of urban water tax offset

### (Repealed) SECTION 402-770 Revoking certificates

### (Repealed) SECTION 402-775 AAT review

### (Repealed) SECTION 402-780 Guidelines

SECTION 405-1 What this Division is about

SECTION 405-5 Special rate of income tax on your above-average special professional income

SECTION 405-10 Overview of the Division

SECTION 405-15 When do you have above-average special professional income?

SECTION 405-20 What you count as assessable professional income

SECTION 405-25 Meaning of special professional , performing artist , production associate , sportsperson and sporting competition

SECTION 405-30 What you cannot count as assessable professional income

SECTION 405-35 Limits on counting amounts as assessable professional income

SECTION 405-40 Joint author or inventor treated as sole author or inventor

SECTION 405-45 Working out your taxable professional income

SECTION 405-50 Working out your average taxable professional income

SECTION 410-1 What this Division is about

SECTION 410-5 Copyright collecting society must give notice to member of society

SECTION 410-50 Resale royalty collecting society must give notice to holder of resale royalty right

SECTION 415-1 What this Division is about

SECTION 415-5 Object of this Division

SECTION 415-10 What this Subdivision is about

SECTION 415-15 Uplift of tax losses of designated infrastructure project entities

SECTION 415-20 Designated infrastructure project entity

SECTION 415-25 Tax losses of trusts

SECTION 415-30 Bad debts written off etc. by trusts

SECTION 415-35 Tax losses of companies

SECTION 415-40 Bad debts written off by companies

SECTION 415-45 Losses transferred to head companies of consolidated groups

SECTION 415-50 What this Subdivision is about

SECTION 415-55 Applications for designation

SECTION 415-60 Dealing with applications

SECTION 415-65 Provisional designation

SECTION 415-70 Designation

SECTION 415-75 Infrastructure project capital expenditure cap

SECTION 415-80 Acceptance of estimates of infrastructure project capital expenditure

SECTION 415-85 Review of decisions

SECTION 415-90 Information to be made public

SECTION 415-95 Delegation

SECTION 415-100 Infrastructure project designation rules

SECTION 417-1 What this Division is about

SECTION 417-5 Object

SECTION 417-10 Meaning of transitioned petroleum activities

SECTION 417-25 Deducting amounts for depreciating assets

SECTION 417-30 Balancing adjustments

SECTION 417-35 Allocating assets to a project pool

SECTION 417-40 Deduction for expenditure on mining site rehabilitation

SECTION 417-45 Capital expenditure

SECTION 417-50 Transferring entitlement to deductions relating to a project pool

SECTION 417-65 CGT events not created by Timor Sea Maritime Boundaries Treaty entering into force

SECTION 417-70 Tax treatment of consideration for transferred entitlement to deductions or tax loss

SECTION 417-75 Membership interests affected by transfer of entitlement to deductions or tax loss

SECTION 417-90 Tax losses from transitioned petroleum activities

SECTION 417-95 How choices are made

SECTION 417-100 The effect of choosing to transfer losses

SECTION 417-105 The effect of choosing to apply losses to earlier income years

SECTION 417-110 Continuity of ownership and business continuity tests

SECTION 417-125 Foreign income tax offset

SECTION 417-140 Transfer pricing benefits relating to transitioned petroleum activities

SECTION 418-1 What this Division is about

SECTION 418-5 Object of this Division

SECTION 418-10 Who is entitled to the tax offset - ordinary case

SECTION 418-15 Who is entitled to the tax offset - life insurance company

SECTION 418-20 Entitlement of member of a trust or partnership to a share of exploration credits

SECTION 418-25 The amount of the tax offset

SECTION 418-30 Reduced amount of the tax offset for certain trusts

SECTION 418-50 Junior minerals exploration incentive franking credit - ordinary case

SECTION 418-55 Junior minerals exploration incentive franking credit - life insurance company

SECTION 418-70 Entities that may create exploration credits

SECTION 418-75 Meaning of greenfields minerals explorer

SECTION 418-80 Meaning of greenfields minerals expenditure

SECTION 418-81 Meaning of exploration credits allocation for an income year

SECTION 418-82 When does an entity have an unused allocation of exploration credits from an income year

SECTION 418-85 Exploration credits must not exceed maximum exploration credit amount

### (Repealed) SECTION 418-90 Modulation factors

SECTION 418-95 Effect on tax losses of creating exploration credits

SECTION 418-100 Applying for an exploration credits allocation

SECTION 418-101 Determination by the Commissioner

SECTION 418-102 General allocation rules

SECTION 418-103 Meaning of annual exploration cap

SECTION 418-104 Failure to comply with this Subdivision does not affect allocation

SECTION 418-110 Issuing exploration credits

SECTION 418-111 Working out whether an exploration investment has been made in an income year

SECTION 418-115 Who may receive an exploration credit and what is the pool from which the credit may be issued

SECTION 418-116 Exploration credits issued must be in proportion to exploration investment

SECTION 418-120 The total of all exploration credits issued in relation to exploration investment

SECTION 418-125 Expiry of exploration credits

SECTION 418-130 Notifying the Commissioner of issuing or expiry of exploration credits

SECTION 418-135 Notifying the Commissioner if no exploration investment in income year for which credits allocated

SECTION 418-150 Excess exploration credit tax

SECTION 418-151 Complying exploration credit amount

SECTION 418-155 Due date for payment of excess exploration credit tax

SECTION 418-160 Returns

SECTION 418-165 When shortfall interest charge is payable

SECTION 418-170 General interest charge

SECTION 418-175 Refunds of amounts overpaid

SECTION 418-180 Record keeping

SECTION 418-185 Determining an entity not to be a greenfields minerals explorer

SECTION 418-190 Annual impact assessments of this Division

SECTION 419-1 What this Division is about

SECTION 419-5 Company entitled to refundable tax offset for expenditure incurred in producing critical minerals in Australia

SECTION 419-10 Amount of CMPTI tax offset

SECTION 419-15 Meaning of critical mineral

SECTION 419-20 Meaning of CMPTI processing activity

SECTION 419-25 Meaning of CMPTI expenditure

SECTION 419-30 Expenditure to be worked out excluding GST

SECTION 419-35 Meaning of registered CMPTI processing activity

SECTION 419-40 Notice of decision about an application for registration

SECTION 419-45 Annual report about a registered CMPTI processing activity

SECTION 419-50 A registration is in force for up to 10 income years

SECTION 419-55 Transferring a registration

SECTION 419-60 Varying a registration

SECTION 419-65 Automatic suspension of a registration for failing to give an annual report or requested further information

SECTION 419-70 Revoking a registration

SECTION 419-75 Effect of revocations

SECTION 419-80 Industry Secretary may request further information

SECTION 419-85 Advising the Commissioner about a registration

SECTION 419-90 Amendment of assessments

SECTION 419-95 Expenditure incurred while not at arm ' s length

SECTION 419-100 Reducing a company ' s CMPTI expenditure to reflect mark-ups within the company ' s group

SECTION 419-105 Disregarding registration of an activity that a company is paid to carry on

SECTION 419-110 Reviewable decisions

SECTION 419-115 Notice of reviewable decision and internal review rights, and requesting statement of reasons

SECTION 419-120 Applications for internal review of reviewable decisions

SECTION 419-125 Internal review of reviewable decisions

SECTION 419-130 Matters relevant to internal review decisions

SECTION 419-135 External review by ART of internal review decisions

SECTION 419-140 Information sharing

SECTION 419-145 CMPTI community benefit rules

SECTION 419-150 Forms approved by the Industry Secretary

SECTION 419-155 Delegation by the Industry Secretary

SECTION 420-1 What this Division is about

SECTION 420-5 The 4 key features of tax accounting for registered emissions units

SECTION 420-10 Meaning of registered emissions unit

SECTION 420-12 Meaning of hold a registered emissions unit

SECTION 420-13 Meaning of primary producer registered emissions unit

SECTION 420-15 What you can deduct

SECTION 420-20 Non-arm ' s length transactions and transactions with associates

SECTION 420-21 Incoming international transfers of emissions units

SECTION 420-22 Becoming taxable in Australia on the proceeds of sale of registered emissions units

SECTION 420-25 Assessable income on disposal of registered emissions units

SECTION 420-30 Non-arm ' s length transactions and transactions with associates

SECTION 420-35 Outgoing international transfers of emissions units

SECTION 420-40 Disposal of registered emissions units for a purpose other than gaining assessable income

SECTION 420-41 Ceasing to be taxable in Australia on the proceeds of sale of registered emissions units

SECTION 420-42 Deduction for expenses incurred in ceasing to hold a registered emissions unit

### (Repealed) SECTION 420-43 Deduction for charge imposed on the surrender of an eligible international emissions unit

SECTION 420-45 You include the value of your registered emissions units in working out your assessable income and deductions

SECTION 420-50 Value of registered emissions units at start of income year

SECTION 420-51 Valuation methods

SECTION 420-52 FIFO cost method of working out the value of units

SECTION 420-53 Actual cost method of working out the value of units

SECTION 420-54 Market value method of working out the value of units

SECTION 420-55 Valuation method for first income year at the end of which you held registered emissions units

SECTION 420-57 Valuation method for later income years at the end of which you held registered emissions units

### (Repealed) SECTION 420-58 Value of registered emissions units at end of income year - certain free carbon units

SECTION 420-60 Cost of registered emissions units

SECTION 420-62 Primary producer registered emissions units

SECTION 420-65 Exclusivity of deductions etc.

SECTION 420-70 Exclusivity of assessable income etc.

SECTION 421-1 What this Division is about

SECTION 421-5 Company entitled to refundable tax offset for hydrogen produced in Australia

SECTION 421-10 Amount of hydrogen production tax offset

SECTION 421-15 When hydrogen is produced

SECTION 421-20 Production emissions intensity

SECTION 421-25 Grid matching requirements

SECTION 421-30 Offset period

SECTION 421-35 Initial reconciliation period for registered PGO certificate

SECTION 421-40 Correction notice for registered PGO certificate

SECTION 421-45 HPTO community benefit rules

SECTION 421-50 Application for certification

SECTION 421-55 Certification of production profile

SECTION 421-60 Capacity of facility to produce hydrogen

SECTION 421-65 Revocation of certification

SECTION 421-70 Requests for further information etc.

SECTION 421-75 Review of decisions by the Administrative Review Tribunal

SECTION 421-80 Information sharing

SECTION 421-85 Period for amending assessments

SECTION 615-1 What this Division is about

SECTION 615-5 Disposing of interests in one entity for shares in a company

SECTION 615-10 Redeeming or cancelling interests in one entity for shares in a company

SECTION 615-15 Interposed company must own all the original interests

SECTION 615-20 Requirements relating to your interests in the original entity

SECTION 615-25 Requirements relating to the interposed company

SECTION 615-30 Interposed company must make a particular choice

SECTION 615-35 ADI restructures - disregard certain preference shares

SECTION 615-40 CGT consequences

SECTION 615-45 Additional consequences - deferral of profit or loss

SECTION 615-50 Trading stock

SECTION 615-55 Revenue assets

SECTION 615-60 Disregard CGT exemption for trading stock

SECTION 615-65 Consequences for the interposed company

SECTION 620-5 What this Subdivision is about

SECTION 620-10 Application

SECTION 620-15 Object

SECTION 620-20 Disregard body ' s capital gains and losses from CGT assets

SECTION 620-25 Cost base and pre-CGT status of CGT asset for company

SECTION 620-30 Roll-over relief for balancing adjustment events

SECTION 620-40 Body taken to have sold trading stock to company

SECTION 620-50 Body taken to have sold revenue assets to company

SECTION 700-1 What this Part is about

SECTION 700-5 Overview of this Part

SECTION 700-10 Objects of this Part

SECTION 701-1 Single entity rule

SECTION 701-5 Entry history rule

SECTION 701-10 Cost to head company of assets of joining entity

SECTION 701-15 Cost to head company of membership interests in entity that leaves group

SECTION 701-20 Cost to head company of assets consisting of certain liabilities owed by entity that leaves group

SECTION 701-25 Tax-neutral consequence for head company of ceasing to hold assets when entity leaves group

SECTION 701-30 Where entity not subsidiary member for whole of income year

SECTION 701-35 Tax-neutral consequence for entity of ceasing to hold assets when it joins group

SECTION 701-40 Exit history rule

SECTION 701-45 Cost of assets consisting of liabilities owed to entity by members of the group

SECTION 701-50 Cost of certain membership interests of which entity becomes holder on leaving group

SECTION 701-55 Setting the tax cost of an asset

SECTION 701-56 Application of subsection 701-55(6)

SECTION 701-58 Effect of setting the tax cost of an asset that the head company does not hold under the single entity rule

SECTION 701-60 Tax cost setting amount

SECTION 701-60A Tax cost setting amount for asset emerging when entity leaves group

SECTION 701-61 Assets in relation to Division 230 financial arrangement - head company's assessable income or deduction

SECTION 701-63 Right to future income and WIP amount asset

SECTION 701-65 Net income and losses for trusts and partnerships

SECTION 701-67 Assets in this Part are CGT assets, etc.

SECTION 701-70 Adjustments to taxable income where identities of parties to arrangement merge on joining group

SECTION 701-75 Adjustments to taxable income where identities of parties to arrangement re-emerge on leaving group

SECTION 701-80 Accelerated depreciation

SECTION 701-85 Other exceptions etc. to the rules

### (Repealed) SECTION 701-90 Right to future income treated as separate asset

SECTION 703-1 What this Division is about

SECTION 703-5 What is a consolidated group ?

SECTION 703-10 What is a consolidatable group ?

SECTION 703-15 Members of a consolidated group or consolidatable group

SECTION 703-20 Certain entities that cannot be members of a consolidated group or consolidatable group

SECTION 703-25 Australian residence requirements for trusts

SECTION 703-30 When is one entity a wholly-owned subsidiary of another?

SECTION 703-33 Transfer time for sale of shares in company

SECTION 703-35 Treating entities as wholly-owned subsidiaries by disregarding employee shares

SECTION 703-37 Disregarding certain preference shares following an ADI restructure

SECTION 703-40 Treating entities held through non-fixed trusts as wholly-owned subsidiaries

SECTION 703-45 Subsidiary members or nominees interposed between the head company and a subsidiary member of a consolidated group or a consolidatable group

SECTION 703-50 Choice to consolidate a consolidatable group

SECTION 703-55 Creating consolidated groups from certain MEC groups

SECTION 703-58 Notice of choice to consolidate

SECTION 703-60 Notice of events affecting consolidated group

SECTION 703-65 Application

SECTION 703-70 Consolidated group continues in existence with interposed company as head company and original entity as a subsidiary member

SECTION 703-75 Interposed company treated as substituted for original entity at all times before the completion time

SECTION 703-80 Effects on the original entity ' s tax position

SECTION 705-1 What this Division is about

SECTION 705-5 What this Subdivision is about

SECTION 705-10 Application and object of this Subdivision

SECTION 705-15 Cases where this Subdivision does not have effect

SECTION 705-20 Tax cost setting amount worked out under this Subdivision

SECTION 705-25 Tax cost setting amount for retained cost base assets

SECTION 705-27 Reduction in tax cost setting amount that exceeds market value of certain retained cost base assets

SECTION 705-30 What is the joining entity ' s terminating value for an asset ?

SECTION 705-35 Tax cost setting amount for reset cost base assets

SECTION 705-40 Tax cost setting amount for reset cost base assets held on revenue account etc.

SECTION 705-45 Reduction in tax cost setting amount for accelerated depreciation assets

SECTION 705-47 Reduction in tax cost setting amount for some privatised assets

### (Repealed) SECTION 705-50 Reduction in tax cost setting amount for over-depreciated assets

SECTION 705-55 Order of application of sections 705-40, 705-45 and 705-47

SECTION 705-56 Modification for tax cost setting in relation to leases

### (Repealed) SECTION 705-56A Modification for tax cost setting in relation to certain rights to future income

SECTION 705-57 Adjustment to tax cost setting amount where loss of pre-CGT status of membership interests in joining entity

SECTION 705-58 Assets and liabilities not set off against each other

SECTION 705-59 Exception: treatment of linked assets and liabilities

SECTION 705-60 What is the joined group ' s allocable cost amount for the joining entity?

SECTION 705-62 No double counting of amounts in allocable cost amount

SECTION 705-65 Cost of membership interests in the joining entity - step 1 in working out allocable cost amount

SECTION 705-70 Liabilities of the joining entity - step 2 in working out allocable cost amount

SECTION 705-75 Liabilities of the joining entity - reductions for purposes of step 2 in working out allocable cost amount

SECTION 705-76 Liability arising from transfer or assignment of securitised assets

SECTION 705-80 Liabilities of the joining entity - reductions \ increases for purposes of step 2 in working out allocable cost amount

SECTION 705-85 Liabilities of the joining entity - increases for purposes of step 2 in working out allocable cost amount

SECTION 705-90 Undistributed, taxed profits accruing to joined group before joining time - step 3 in working out allocable cost amount

SECTION 705-93 If pre-joining time roll-over from foreign resident company or head company - step 3A in working out allocable cost amount

SECTION 705-95 Pre-joining time distributions out of certain profits - step 4 in working out allocable cost amount

SECTION 705-100 Losses accruing to joined group before joining time - step 5 in working out allocable cost amount

SECTION 705-102 FRT disallowed amounts accruing to joined group before joining time - step 5A in working out allocable cost amount

SECTION 705-105 Continuity of holding membership interests - steps 3 to 5A in working out allocable cost amount

SECTION 705-110 If joining entity transfers a loss to the head company - step 6 in working out allocable cost amount

SECTION 705-112 If joining entity transfers a FRT disallowed amount to the head company - step 6A in working out allocable cost amount

SECTION 705-115 If head company becomes entitled to certain deductions - step 7 in working out allocable cost amount

### (Repealed) SECTION 705-120 Preservation of application of subdivision 165-CC (about unrealised losses)

SECTION 705-125 Pre-CGT proportion for joining entity

SECTION 705-130 What this Subdivision is about

SECTION 705-135 Application and object of this Subdivision

SECTION 705-140 Subdivision 705-A has effect with modifications

SECTION 705-145 Order in which tax cost setting amounts are to be worked out where subsidiary members have membership interests in other subsidiary members

SECTION 705-147 Adjustment in working out step 3A of allocable cost amount to take account of membership interests held by subsidiary members in other such members

### (Repealed) SECTION 705-150 Adjustment to result of step 3A in working out allocable cost amount where pre-formation time roll-over from head company to member of wholly-owned group

SECTION 705-155 Adjustments to restrict step 4 reduction of allocable cost amount to effective distributions to head company in respect of direct membership interests

SECTION 705-160 Adjustment to allocation of allocable cost amount to take account of owned profits or losses of certain entities that become subsidiary members

SECTION 705-163 Modified application of section 705-57

### (Repealed) SECTION 705-165 Working out pre-CGT factors where subsidiary members have membership interests in other subsidiary members

SECTION 705-170 What this Subdivision is about

SECTION 705-175 Application and object of this Subdivision

SECTION 705-180 Modifications of Division 701

SECTION 705-185 Subdivision 705-A has effect with modifications

### (Repealed) SECTION 705-190 Modified application of section 705-50

SECTION 705-195 Modified application of subsection 705-65(6)

SECTION 705-200 Modified application of section 705-85

### (Repealed) SECTION 705-205 Modified application of section 705-125

SECTION 705-210 What this Subdivision is about

SECTION 705-215 Application and object of this Subdivision

SECTION 705-220 Subdivision 705-A has effect with modifications

SECTION 705-225 Order in which tax cost setting amounts are to be worked out where linked entities have membership interests in other linked entities

SECTION 705-227 Adjustment in working out step 3A of allocable cost amount to take account of membership interests held by linked entities in other linked entities

SECTION 705-230 Adjustments to restrict step 4 reduction of allocable cost amount to effective distributions to head company in respect of direct membership interests

SECTION 705-235 Adjustment to allocation of allocable cost amount to take account of owned profits or losses of certain linked entities

SECTION 705-240 Modified application of section 705-57

### (Repealed) SECTION 705-245 Working out pre-CGT factors where subsidiary members have membership interests in other subsidiary members

SECTION 705-300 What this Subdivision is about

SECTION 705-305 Object of this Subdivision

SECTION 705-310 Operation of Part IVA of the Income Tax Assessment Act 1936

SECTION 705-315 Errors that attract special adjustment action

SECTION 705-320 Tax cost setting amounts taken to be correct

SECTION 707-100 What this Subdivision is about

SECTION 707-105 Who can utilise the loss?

SECTION 707-110 Objects of this Subdivision

SECTION 707-115 What losses this Subdivision applies to

SECTION 707-120 Transfer of loss from joining entity to head company

SECTION 707-125 Modified business continuity test for companies ' post-1999 losses

SECTION 707-130 Modified pattern of distributions test

SECTION 707-135 Transferring loss transferred to joining entity because business continuity test was satisfied

SECTION 707-140 Effect of transfer of loss

SECTION 707-145 Cancelling the transfer of the loss

SECTION 707-150 Loss cannot be utilised for income year ending after the joining time

SECTION 707-200 What this Subdivision is about

SECTION 707-205 Modified period for test for maintaining same ownership

SECTION 707-210 Utilisation of certain losses transferred from a company depends on company that made the losses earlier

SECTION 707-300 What this Subdivision is about

SECTION 707-305 Object of this Subdivision

SECTION 707-310 How much of a transferred loss can be utilised?

SECTION 707-315 What is a bundle of losses?

SECTION 707-320 What is the available fraction for a bundle of losses?

SECTION 707-325 Modified market value of an entity becoming a member of a consolidated group

SECTION 707-330 Losses transferred from former head company

SECTION 707-335 Limit on utilising transferred losses if circumstances change during income year

SECTION 707-340 Utilising transferred losses while exempt income remains

SECTION 707-345 Other provisions are subject to this Subdivision

SECTION 707-400 Head company's business before and after consolidation not compared

### (Repealed) SECTION 707-405 Modified operation of other provisions

SECTION 707-410 Exit history rule does not treat entity as having made a loss

SECTION 707-415 Application of losses with nil available fraction for certain purposes

SECTION 709-50 What this Subdivision is about

SECTION 709-55 Object of this Subdivision

SECTION 709-60 Nil balance franking account for joining entity

SECTION 709-65 Subsidiary member ' s franking account does not operate

SECTION 709-70 Credits arising in head company's franking account

SECTION 709-75 Debits arising in head company's franking account

SECTION 709-80 Subsidiary member ' s distributions on employee shares and certain preference shares taken to be distributions by the head company

SECTION 709-85 Non-share distributions by subsidiary members taken to be distributions by head company

SECTION 709-90 Subsidiary member ' s distributions to foreign resident taken to be distributions by head company

SECTION 709-95 Payment of group liability by former subsidiary member

SECTION 709-100 Refund of income tax to former subsidiary member

SECTION 709-150 What this Subdivision is about

SECTION 709-155 Testing consolidated groups

SECTION 709-160 Subsidiary member is exempting entity

SECTION 709-165 Subsidiary member is former exempting entity

SECTION 709-170 Head company and subsidiary are exempting entities

SECTION 709-175 Head company is former exempting entity

SECTION 709-180 What this Subdivision is about

SECTION 709-185 Joining entity ' s excess franking deficit tax offsets transferred to head company

SECTION 709-190 Exit history rule not to treat leaving entity as having a franking deficit tax offset excess

SECTION 709-200 What this Subdivision is about

SECTION 709-205 Application of this Subdivision

SECTION 709-210 Object of this Subdivision

SECTION 709-215 Limit on deduction of bad debt

SECTION 709-220 Limit on deduction of swap loss

SECTION 711-1 What this Division is about

SECTION 711-5 Application and object of this Division

SECTION 711-10 Tax cost setting amount worked out under this Division

SECTION 711-15 Tax cost setting amount where no multiple exit

SECTION 711-20 What is the old group ' s allocable cost amount for the leaving entity?

SECTION 711-25 Terminating values of the leaving entity's assets - step 1 in working out allocable cost amount

SECTION 711-30 What is the head company ' s terminating value for an asset?

SECTION 711-35 If head company becomes entitled to certain deductions - step 2 in working out allocable cost amount

SECTION 711-40 Liabilities owed to the leaving entity by members of the old group - step 3 in working out allocable cost amount

SECTION 711-45 Liabilities etc. owed by the leaving entity - step 4 in working out allocable cost amount

SECTION 711-46 Liability arising from transfer or assignment of securitised assets

### (Repealed) SECTION 711-50 Adjustment to allocable cost amount to ensure effect of Subdivision 165-CC not avoided - step 5 in working out allocable cost amount

SECTION 711-55 Tax cost setting amount for membership interests where multiple exit

### (Repealed) SECTION 711-60 Membership interests treated as potentially subject to Subdivision 165-CC (about unrealised losses)

SECTION 711-65 Membership interests treated as having been acquired before 20 September 1985

SECTION 711-70 Additional integrity rule if membership interests treated as having been acquired before 20 September 1985 under section 711-65 - application of Division 149 to head company

SECTION 711-75 Additional integrity rule if membership interests treated as having been acquired before 20 September 1985 under section 711-65 - application of CGT event K6

SECTION 713-20 Increasing the step 1 amount for settled capital that could be distributed tax free in respect of discretionary interests

SECTION 713-25 Undistributed, realised profits that accrue to joined group before joining time and could be distributed tax free - step 3 in working out allocable cost amount

SECTION 713-50 Factors to consider

SECTION 713-120 What this Subdivision is about

SECTION 713-125 Object of this Subdivision

SECTION 713-130 Choosing to form a consolidated group

SECTION 713-135 Effects of choice

SECTION 713-140 Modifications of the applied law

SECTION 713-200 What this Subdivision is about

SECTION 713-205 Objects of this Subdivision

SECTION 713-210 Partnership cost setting interests

SECTION 713-215 Terminating value for partnership cost setting interest

SECTION 713-220 Set tax cost of partnership cost setting interests if partner joins consolidated group

SECTION 713-225 Tax cost setting amount for partnership cost setting interest

### (Repealed) SECTION 713-230 Reduction in allocable cost amount if partnership asset is over-depreciated

SECTION 713-235 Partnership joins group - set tax cost of partnership assets

SECTION 713-240 Partnership joins group - tax cost setting amount for partnership asset

### (Repealed) SECTION 713-245 Partnership joins group - pre-CGT factor for partnership asset

SECTION 713-250 Partnership leaves group - standard provisions modified

SECTION 713-255 Partnership leaves group - tax cost setting amount for partnership cost setting interests

SECTION 713-260 Partnership leaves group - tax cost setting amount for assets consisting of being owed certain liabilities

SECTION 713-265 Partnership leaves group - adjustments to allocable cost amount of partner who also leaves group

### (Repealed) SECTION 713-270 Partnership leaves group - certain partnership cost setting interests treated as having been acquired before 20 September 1985

SECTION 713-500 What this Subdivision is about

SECTION 713-505 Head company treated as a life insurance company

SECTION 713-510 Certain subsidiaries of life insurance companies cannot be members of consolidated group

SECTION 713-510A Disregard single entity rule in working out certain amounts in respect of life insurance company

SECTION 713-511 Treatment of certain liabilities for income year when life insurance company joins consolidated group

SECTION 713-515 Certain assets taken to be retained cost base assets where life insurance company joins group

SECTION 713-520 Valuing certain liabilities where life insurance company joins group

SECTION 713-525 Obligation to value certain assets and liabilities at joining time

SECTION 713-530 Treatment of certain losses of life insurance company

SECTION 713-535 Losses of entities whose membership interests are complying superannuation assets of life insurance company

SECTION 713-540 Losses of entities whose membership interests are segregated exempt assets of life insurance company

SECTION 713-545 Treatment of franking surplus in franking account of life insurance subsidiary joining group

SECTION 713-550 Treatment of head company ' s franking account after joining

### (Repealed) SECTION 713-553 Special rules relating to segregated exempt assets

### (Repealed) SECTION 713-555 Transfer from segregated exempt assets because policyholder and life insurance company are in group

### (Repealed) SECTION 713-560 If valuation of segregated exempt assets is delayed

SECTION 713-565 Treatment of certain liabilities for income year when life insurance company leaves consolidated group

SECTION 713-570 Certain losses transferred to leaving company

SECTION 713-575 Terminating value of certain assets where life insurance company leaves group

SECTION 713-580 Valuing certain liabilities where life insurance company leaves group

SECTION 713-585 Obligation to value certain assets and liabilities at leaving time

SECTION 713-700 What this Subdivision is about

SECTION 713-705 Certain assets taken to be retained cost base assets where general insurance company joins group

SECTION 713-710 Treatment of liabilities and reserves for income year when general insurance company joins or leaves group

SECTION 713-715 If general insurance company joins consolidated group

SECTION 713-720 If general insurance company leaves consolidated group

SECTION 713-725 Treatment of certain assets and liabilities of general insurance companies

SECTION 715-15 Object of this Subdivision

SECTION 715-25 Subdivision 165-CC stops applying to earlier changeover time

SECTION 715-30 Meaning of 165-CC tagged asset

SECTION 715-35 Meaning of final RUNL

SECTION 715-50 Step 1 amount is reduced if membership interest in subsidiary member is 165-CC tagged asset and business continuity test is failed

SECTION 715-55 Step 2 amount is affected if liability of subsidiary member is 165-CC tagged asset of another group member and business continuity test is failed

SECTION 715-60 Assets that the head company already owns

SECTION 715-70 Assets of subsidiary member that become those of head company

SECTION 715-75 Extension of single entity rule and entry history rule

SECTION 715-80 Application of sections 715-85 to 715-110

SECTION 715-85 First changeover time for leaving company at or after leaving time

SECTION 715-90 How business continuity test applies if leaving time is changeover time for leaving company

SECTION 715-95 If ownership and control of leaving entity have not changed since head company ' s last changeover time

SECTION 715-100 First choice: adjustable values of leaving assets reduced to nil

SECTION 715-105 Second choice: head company's final RUNL applied in reducing adjustable values of leaving assets that are loss assets

SECTION 715-110 Third choice: loss denial pool of leaving entity created

SECTION 715-120 What happens

SECTION 715-125 First choice: adjustable values of leaving assets reduced to nil

SECTION 715-130 Second choice: pool's loss denial balance applied in reducing adjustable values of leaving assets that are loss assets

SECTION 715-135 Third choice: loss denial pool of leaving entity created

SECTION 715-145 Effect of choice on adjustable value of leaving asset

SECTION 715-155 When asset leaves pool

SECTION 715-160 How loss denial balance is applied to losses realised on assets in pool

SECTION 715-165 When pool ceases to exist

SECTION 715-175 When choice must be made

SECTION 715-180 Head company to notify leaving entity of choice

SECTION 715-185 Leaving entity may choose to cancel loss denial pool by reducing adjustable values of assets in the pool

SECTION 715-215 Extension of single entity rule and entry history rule

SECTION 715-225 Working out adjusted unrealised loss using individual asset method

SECTION 715-230 No reductions or other consequences for interests subject to loss cancellation under Subdivision 715-H

SECTION 715-240 Application of sections 715-245 to 715-260

SECTION 715-245 If ownership or control of leaving entity has altered since head company's last alteration time or formation of group

SECTION 715-250 If head company has had an alteration time but ownership and control of leaving entity have not altered since

SECTION 715-255 Consequences if leaving entity is a loss company at the leaving time

SECTION 715-260 If neither of sections 715-245 and 715-250 applies

SECTION 715-265 Head company does not have relevant equity or debt interest in a loss company if widely held top company does not have such an interest

SECTION 715-270 Subdivision 165-CD applies

SECTION 715-290 Additional assumptions to be made when using reference time

SECTION 715-310 What is a 170-D deferred loss , and when it revives

SECTION 715-355 Head company ' s own deferred losses at formation time

SECTION 715-360 Deferred losses brought in by subsidiary member

SECTION 715-365 How loss denial balance is applied when 170-D deferred loss revives

SECTION 715-370 Cost setting - reference time for determining currency exchange rate effect

SECTION 715-375 Cost setting on joining - amount of liability that is Division 230 financial arrangement

SECTION 715-378 Cost setting on joining - head company ' s right to receive or obligation to provide payment

SECTION 715-379 Cost setting on leaving - amount of intragroup liability that is Division 230 financial arrangement

SECTION 715-379A Cost setting on leaving - head company ' s or leaving entity ' s right to receive or obligation to provide payment

SECTION 715-380 Exit history rule not to affect certain matters related to Division 230 financial arrangements

SECTION 715-385 Exit history rule and elective methods applying to Division 230 financial arrangements

SECTION 715-410 Extension of single entity rule and entry history rule

SECTION 715-450 No reductions or other consequences for interests subject to loss cancellation under Subdivision 715-H

SECTION 715-610 Cancellation of loss

SECTION 715-615 Exception for interests in entity leaving consolidated group

SECTION 715-620 Exception if loss attributable to certain matters

SECTION 715-660 Head company ' s choice overriding entry history rule

SECTION 715-665 Head company ' s choice to override inconsistency

SECTION 715-670 Ongoing effect of choices made by entities before joining group

SECTION 715-675 Head company adopting choice with ongoing effect

SECTION 715-700 Choices leaving entity can make ignoring exit history rule

SECTION 715-705 Choices leaving entity can make ignoring exit history rule to overcome inconsistencies

SECTION 715-875 Extension of single entity rule and entry history rule

SECTION 715-880 No CFI for leaving entity

SECTION 715-900 Transition time taken to be just before joining time

SECTION 715-910 Effect on restructures - original entity becomes a subsidiary member

SECTION 715-915 Effect on restructures - original entity is a head company

SECTION 715-920 Effect on restructures - original entity is a head company that becomes a subsidiary member of another group

SECTION 715-925 Effect on restructures - original entity ceases being a subsidiary member

SECTION 716-1 What this Division is about

SECTION 716-15 Assessable income spread over 2 or more income years

SECTION 716-25 Deductions spread over 2 or more income years

SECTION 716-70 Capital expenditure that is fully deductible in one income year

SECTION 716-75 Application

SECTION 716-80 Head company ' s assessable income and deductions

SECTION 716-85 Entity ' s assessable income and deductions for a non-membership period

SECTION 716-90 Entity's share of assessable income or deductions of partnership or trust

SECTION 716-95 Special rule if not all partnership or trust's assessable income or deductions taken into account in working out amount

SECTION 716-100 Spreading period

SECTION 716-300 Prime cost method of working out decline in value

SECTION 716-330 Head company ' s deductions for decline in value of assets in joining entity ' s low-value pool

SECTION 716-335 Entity leaving group with asset allocated to head company ' s low-value pool

SECTION 716-340 Depreciating assets arising from expenditure in joining entity ' s software development pool

SECTION 716-345 Head company taken not to have incurred expenditure

SECTION 716-400 Tax cost setting and bad debts

### (Repealed) SECTION 716-405 Tax cost setting and rights to future income - deduction

### (Repealed) SECTION 716-410 Rights to amounts that are expected to be included in assessable income after joining time

SECTION 716-440 Membership interests in joining entity not subject to CGT under Division 855 - foreign entity ceasing to hold interests

SECTION 716-500 Head company bound by agreements binding on subsidiary members

SECTION 716-505 History for entitlement to tax offset: joining entity

SECTION 716-510 History for entitlement to tax offset: leaving entity

SECTION 716-800 Allocating amounts to periods if head company and subsidiary member have different income years

### (Repealed) SECTION 716-805 Some companies cannot satisfy the same business test

SECTION 716-850 Grossing up threshold amounts for periods of less than 365 days

SECTION 716-855 Working out the cost base or reduced cost base of a pre-CGT asset after certain roll-overs

SECTION 716-860 CGT event straddling joining or leaving time

SECTION 717-1 What this Subdivision is about

SECTION 717-5 Object of this Subdivision

SECTION 717-10 Head company taken to be liable for subsidiary member ' s foreign income tax

SECTION 717-200 What this Subdivision is about

SECTION 717-205 Object of this Subdivision

SECTION 717-210 Attribution surpluses

### (Repealed) SECTION 717-215 Attributed tax account surpluses

SECTION 717-220 FIF surpluses

### (Repealed) SECTION 717-225 FIF attributed tax account surpluses

SECTION 717-227 Deferred attribution credits

### (Repealed) SECTION 717-230 Calculating FIF income where a company joins the group

SECTION 717-235 What this Subdivision is about

SECTION 717-240 Object of this Subdivision

SECTION 717-245 Attribution surpluses

### (Repealed) SECTION 717-250 Attributed tax account surpluses

SECTION 717-255 FIF surpluses

### (Repealed) SECTION 717-260 FIF attributed tax account surpluses

SECTION 717-262 Deferred attribution credits

### (Repealed) SECTION 717-265 Calculating FIF income where a company leaves the group

### (Repealed) SECTION 717-270 What this Subdivision is about

### (Repealed) SECTION 717-275 Application

### (Repealed) SECTION 717-280 Object of this Subdivision

### (Repealed) SECTION 717-285 Pre-joining-time irrevocable elections etc. by joining entity not inherited by head company

### (Repealed) SECTION 717-290 Pre-joining-time actions of joining entity do not prevent head company from electing to apply the calculation method

### (Repealed) SECTION 717-292 Entry history rule does not affect when head company may elect to value trading stock at market value

### (Repealed) SECTION 717-295 What this Subdivision is about

### (Repealed) SECTION 717-300 Application

### (Repealed) SECTION 717-305 Object of this Subdivision

### (Repealed) SECTION 717-310 Pre-leaving-time irrevocable declarations, elections, choices and selections by head company not inherited by leaving entity

### (Repealed) SECTION 717-315 Pre-leaving-time actions of head company do not prevent leaving entity from electing to apply the calculation method

### (Repealed) SECTION 717-320 Exit history rule does not affect when leaving entity may elect to value trading stock at market value

### (Repealed) SECTION 717-500 What this Subdivision is about

### (Repealed) SECTION 717-505 Object of this Subdivision

### (Repealed) SECTION 717-510 No FDA surplus for joining company

### (Repealed) SECTION 717-515 Single entity rule for FDA credits and FDA debits

### (Repealed) SECTION 717-520 Head company may make FDA declaration

### (Repealed) SECTION 717-525 Multiple FDA declarations for dividends paid on same day

### (Repealed) SECTION 717-530 Extended operation of sections 717-520 and 717-525

SECTION 717-700 What this Subdivision is about

SECTION 717-705 Object of this Subdivision

SECTION 717-710 Head company treated as OBU

SECTION 719-2 Modified application of Part 3-90 to MEC groups

SECTION 719-4 What this Subdivision is about

SECTION 719-5 What is a MEC group ?

SECTION 719-10 What is a potential MEC group?

SECTION 719-15 What is an eligible tier-1 company ?

SECTION 719-20 What is a top company and a tier-1 company ?

SECTION 719-25 Head company, subsidiary members and members of a MEC group

SECTION 719-30 Treating entities as wholly-owned subsidiaries by disregarding employee shares

SECTION 719-35 Treating entities held through non-fixed trusts as wholly-owned subsidiaries

SECTION 719-40 Special conversion event - potential MEC group

SECTION 719-45 Application of sections 703-20 and 703-25

SECTION 719-50 Eligible tier-1 companies may choose to consolidate a potential MEC group

SECTION 719-55 When choice starts to have effect

SECTION 719-60 Appointment of provisional head company

SECTION 719-65 Qualifications for the provisional head company of a MEC group

SECTION 719-70 Income year of new provisional head company to be the same as that of former provisional head company

SECTION 719-75 Head company

SECTION 719-76 Notice of choice to consolidate

SECTION 719-77 Notice in relation to new eligible tier-1 members etc

SECTION 719-78 Notice of special conversion event

SECTION 719-79 Notice of appointment of provisional head company after formation of group

SECTION 719-80 Notice of events affecting MEC group

SECTION 719-85 Application

SECTION 719-90 New head company treated as substituted for old head company at all times before the transition time

SECTION 719-95 No consequences of old head company becoming, and new head company ceasing to be, subsidiary member of the group

SECTION 719-120 Application

SECTION 719-125 Head company of new group retains history of head company of old group

SECTION 719-130 Provisions of this Part not to apply to conversion

SECTION 719-135 Provisions of this Part applying to conversion despite section 719-130

SECTION 719-140 Other provisions of this Part not applying to conversion

SECTION 719-150 What this Subdivision is about

SECTION 719-155 Object of this Subdivision

SECTION 719-160 Tax cost setting rules for joining have effect with modifications

SECTION 719-165 Trading stock value and registered emissions unit value not set for assets of eligible tier-1 companies

SECTION 719-170 Modified effect of subsections 705-175(1) and 705-185(1)

SECTION 719-250 What this Subdivision is about

SECTION 719-255 Special rules

SECTION 719-260 Special test for utilising a loss because a company maintains the same owners

SECTION 719-265 What is the test company?

SECTION 719-270 Assumptions about the test company having made the loss for an income year

SECTION 719-275 Assumptions about nothing happening to affect direct and indirect ownership of the test company

SECTION 719-280 Assumptions about the test company failing to meet the conditions in section 165-12

SECTION 719-285 Business continuity test and change of head company

SECTION 719-300 Application

SECTION 719-305 Subdivision 707-C affects utilisation of losses made by ongoing head company while it was head company

SECTION 719-310 Adjustment of available fractions for bundles of losses previously transferred to ongoing head company

SECTION 719-315 Further adjustment of available fractions for all bundles

SECTION 719-320 Limit on utilising losses other than the prior group losses

SECTION 719-325 Cancellation of all losses in a bundle

SECTION 719-425 Guide to Subdivision 719-H

SECTION 719-430 Transfer of franking account balance on cessation event

SECTION 719-435 Distributions by subsidiary members of MEC group taken to be distributions by head company

SECTION 719-450 What this Subdivision is about

SECTION 719-455 Special test for deducting a bad debt because a company maintains the same owners

SECTION 719-460 Assumptions about nothing happening to affect direct and indirect ownership of the test company

SECTION 719-465 Assumptions about the test company failing to meet the conditions in section 165-123

SECTION 719-500 What this Subdivision is about

SECTION 719-505 Application and object of this Subdivision

SECTION 719-510 Modified operation of paragraphs 711-15(1)(b) and (c)

SECTION 719-550 What this Subdivision is about

SECTION 719-555 Application and object of this Subdivision

SECTION 719-560 Pooled interests

SECTION 719-565 Setting cost of reset interests

SECTION 719-570 Cost setting amount

SECTION 719-700 Changeover times under section 165-115C or 165-115D

SECTION 719-705 Additional changeover times for head company of MEC group

SECTION 719-720 Alteration times under section 165-115L or 165-115M

SECTION 719-725 Additional alteration times for head company of MEC group

SECTION 719-730 Some alteration times only affect interests in top company

SECTION 719-735 Some alteration times affect only pooled interests

SECTION 719-740 Head company does not have relevant equity or debt interest in a loss company if widely held top company does not have such an interest

SECTION 719-755 Effect on MEC group cost setting rules if head company is losing entity or gaining entity for indirect value shift

SECTION 719-775 Cancellation of loss

SECTION 719-780 Exception for pooled interests in eligible tier-1 companies

SECTION 719-785 Exception for interests in top company

SECTION 719-790 Exception for interests in entity leaving MEC group

SECTION 719-795 Exception if loss attributable to certain matters

### (Repealed) SECTION 719-900 General rules about foreign dividend accounts

### (Repealed) SECTION 719-903 Special rules for certain FDA credits and FDA debits

### (Repealed) SECTION 719-905 Transfer of balance of foreign dividend accounts on change in identity of provisional head company

SECTION 721-1 What this Division is about

SECTION 721-5 Object of this Division

SECTION 721-10 When this Division operates

SECTION 721-15 Head company and contributing members jointly and severally liable to pay group liability

SECTION 721-17 Notice of joint and several liability for general interest charge

SECTION 721-20 Limit on liability where group first comes into existence

SECTION 721-25 When a group liability is covered by a tax sharing agreement

SECTION 721-30 TSA contributing members liable for contribution amounts

SECTION 721-32 Notice of general interest charge liability under TSA

SECTION 721-35 When a TSA contributing member has left the group clear of the group liability

SECTION 721-40 TSA liability and group liability are linked

SECTION 723-1 Object

SECTION 723-10 Reduction in loss from realising non-depreciating asset over which right has been created

SECTION 723-15 Reduction in loss from realising non-depreciating asset at the same time as right is created over it

SECTION 723-20 Exceptions

SECTION 723-25 Realisation event that is only a partial realisation

SECTION 723-35 Multiple rights created to take advantage of the $ 50,000 threshold

SECTION 723-40 Application to CGT asset that is also trading stock or revenue asset

SECTION 723-50 Effects if right created over underlying asset is also trading stock or a revenue asset

SECTION 723-105 Reduced cost base of interest reduced when interest realised at a loss

SECTION 723-110 Direct and indirect roll-over replacement for underlying asset

SECTION 725-1 What this Division is about

SECTION 725-45 Main object

SECTION 725-50 When a direct value shift has consequences under this Division

SECTION 725-55 Controlling entity test

SECTION 725-65 Cause of the value shift

SECTION 725-70 Consequences for down interest only if there is a material decrease in its market value

SECTION 725-80 Who is an affected owner of a down interest?

SECTION 725-85 Who is an affected owner of an up interest?

SECTION 725-90 Direct value shift that will be reversed

SECTION 725-95 Direct value shift resulting from reversal

SECTION 725-145 When there is a direct value shift

SECTION 725-150 Issue of equity or loan interests at a discount

SECTION 725-155 Meaning of down interests, decrease time, up interests and increase time

SECTION 725-160 What is the nature of a direct value shift?

SECTION 725-165 If market value decrease or increase is only partly attributable to the scheme

SECTION 725-205 Consequences depend on character of down interests and up interests

SECTION 725-210 Consequences for down interests depend on pre-shift gains and losses

SECTION 725-220 Neutral direct value shifts

SECTION 725-225 Issue of bonus shares or units

SECTION 725-230 Off-market buy-backs

SECTION 725-240 CGT consequences; meaning of adjustable value

SECTION 725-245 Table of taxing events generating a gain for interests as CGT assets

SECTION 725-250 Table of consequences for adjustable values of interests as CGT assets

SECTION 725-255 Multiple CGT consequences for the same down interest or up interest

SECTION 725-310 Consequences for down interest or up interest as trading stock

SECTION 725-315 Adjustable value of trading stock

SECTION 725-320 Consequences for down interest or up interest as a revenue asset

SECTION 725-325 Adjustable value of revenue asset

SECTION 725-335 How to work out those consequences

SECTION 725-340 Multiple trading stock or revenue asset consequences for the same down interest or up interest

SECTION 725-365 Decreases in adjustable values of down interests (with pre-shift gains), and taxing events generating a gain

SECTION 725-370 Uplifts in adjustable values of up interests under certain table items

SECTION 725-375 Uplifts in adjustable values of up interests under other table items

SECTION 725-380 Decreases in adjustable value of down interests (with pre-shift losses)

SECTION 727-1 What this Division is about

SECTION 727-5 What is an indirect value shift?

SECTION 727-10 How does this Division deal with indirect value shifts?

SECTION 727-15 When does an indirect value shift have consequences under this Division?

SECTION 727-25 Effect of this Division on realisations at a loss that occur before the nature or extent of an indirect value shift can be fully determined

SECTION 727-95 Main object

SECTION 727-100 When an indirect value shift has consequences under this Division

SECTION 727-105 Ultimate controller test

SECTION 727-110 Common-ownership nexus test (if both losing and gaining entities are closely held)

SECTION 727-125 No consequences if losing entity is a complying superannuation entity etc.

SECTION 727-150 How to determine whether a scheme results in an indirect value shift

SECTION 727-155 Providing economic benefits

SECTION 727-160 When an economic benefit is provided in connection with a scheme

SECTION 727-165 Preventing double-counting of economic benefits

SECTION 727-200 What this Subdivision is about

SECTION 727-215 Amount does not exceed $ 50,000

SECTION 727-220 Disposal of asset at cost, or at undervalue if full value is not reflected in adjustable values of equity or loan interests in the losing entity

SECTION 727-230 Services provided by losing entity to gaining entity for at least their direct cost

SECTION 727-235 Services provided by gaining entity to losing entity for no more than a commercially realistic price

SECTION 727-240 What services certain provisions apply to

SECTION 727-245 How to work out certain amounts for the purposes of sections 727-230 and 727-235

SECTION 727-250 Distribution by an entity to a member or beneficiary

SECTION 727-260 Shift down a wholly-owned chain of entities

SECTION 727-300 What the rules in this Subdivision are for

SECTION 727-315 Transfer, for its adjustable value, of depreciating asset acquired for less than $ 1,500,000

SECTION 727-350 Ultimate controller

SECTION 727-355 Control (for value shifting purposes) of a company

SECTION 727-360 Control (for value shifting purposes) of a fixed trust

SECTION 727-365 Control (for value shifting purposes) of a non-fixed trust

SECTION 727-370 Preventing double counting for percentage stake tests

SECTION 727-375 Tests in this Subdivision are exhaustive

SECTION 727-400 When 2 entities have a common-ownership nexus within a period

SECTION 727-405 Ultimate stake of a particular percentage in a company

SECTION 727-410 Ultimate stake of a particular percentage in a fixed trust

SECTION 727-415 Rules for tracing

SECTION 727-450 What this Subdivision is about

SECTION 727-455 Consequences of the indirect value shift

SECTION 727-460 Affected interests in the losing entity

SECTION 727-465 Affected interests in the gaining entity

SECTION 727-470 Exceptions

SECTION 727-520 Equity or loan interest and related terms

SECTION 727-525 Indirect equity or loan interest

SECTION 727-530 Who are the affected owners

SECTION 727-550 Choosing the adjustable value method

SECTION 727-555 Giving other affected owners information about the choice

SECTION 727-600 What this Subdivision is about

SECTION 727-610 Consequences of indirect value shift

SECTION 727-615 Reduction of loss on realisation event for affected interest in losing entity

SECTION 727-620 Reduction of gain on realisation event for affected interest in gaining entity

SECTION 727-625 Total gain reductions not to exceed total loss reductions

SECTION 727-630 How cap in section 727-625 applies if affected interest is also trading stock or a revenue asset

SECTION 727-635 Splitting an equity or loan interest

SECTION 727-640 Merging equity or loan interests

SECTION 727-645 Effect of CGT roll-over

SECTION 727-700 When 95 % services indirect value shift is excluded

SECTION 727-705 Another provision of the income tax law affects amount related to services by at least $ 100,000

SECTION 727-710 Ongoing or recent service arrangement reduces value of losing entity by at least $ 100,000

SECTION 727-715 Service arrangements reduce value of losing entity that is a group service provider by at least $ 500,000

SECTION 727-720 Abnormal service arrangement reduces value of losing entity that is not a group service provider by at least $ 500,000

SECTION 727-725 Meaning of predominantly-services indirect value shift

SECTION 727-750 What this Subdivision is about

SECTION 727-755 Consequences of indirect value shift

SECTION 727-770 Reduction under the adjustable value method

SECTION 727-775 Has there been a disaggregated attributable decrease?

SECTION 727-780 Working out the reduction on a loss-focussed basis

SECTION 727-800 Uplift under the attributable increase method

SECTION 727-805 Has there been a disaggregated attributable increase?

SECTION 727-810 Scaling-down formula

SECTION 727-830 CGT assets

SECTION 727-835 Trading stock

SECTION 727-840 Revenue assets

SECTION 727-850 Consequences of scheme under this Subdivision

SECTION 727-855 Presumed indirect value shift

SECTION 727-860 Conditions about the prospective gaining entity

SECTION 727-865 How other provisions of this Division apply to support this Subdivision

SECTION 727-870 Effect of CGT roll-over

SECTION 727-875 Application to CGT asset that is also trading stock or revenue asset

SECTION 727-905 How this Subdivision affects the rest of this Division

SECTION 727-910 Treatment of value shifted under the direct value shift

FORMER CHAPTER 4 - COLLECTION AND RECOVERY OF INCOME TAX (AND SOME OTHER TAXES)

SECTION 764-1
to
SECTION 880-205

SECTION 764-1 What this Division is about

SECTION 764-5 Source rule for international tax agreements

SECTION 768-1 What this Subdivision is about

SECTION 768-5 Foreign equity distributions on participation interests

SECTION 768-7 Foreign equity distributions entitled to a foreign income tax deduction

SECTION 768-10 Meaning of foreign equity distribution

SECTION 768-15 Participation test - minimum 10 % participation

SECTION 768-100 Foreign government officials in Australia

SECTION 768-105 Compensation arising out of Second World War

SECTION 768-110 Foreign residents deriving income from certain activities in Australia ' s exclusive economic zone or on or above Australia ' s continental shelf

SECTION 768-500 What this Subdivision is about

SECTION 768-505 Reducing a capital gain or loss from certain CGT events in relation to certain voting interests

SECTION 768-510 Active foreign business asset percentage

SECTION 768-515 Choices to apply market value method or book value method

SECTION 768-520 Market value method - choice made under subsection 768-515(1)

SECTION 768-525 Book value method - choice made under subsection 768-515(2)

SECTION 768-530 Active foreign business asset percentage - modifications for foreign life insurance companies and foreign general insurance companies

SECTION 768-533 Foreign company that is a FIF using CFC calculation method - treatment as AFI subsidiary under this Subdivision

SECTION 768-535 Modified rules for foreign wholly-owned groups

SECTION 768-540 Active foreign business assets of a foreign company

SECTION 768-545 Assets included in the total assets of a foreign company

SECTION 768-550 Direct voting percentage in a company

SECTION 768-555 Indirect voting percentage in a company

SECTION 768-560 Total voting percentage in a company

### (Repealed) SECTION 768-600 Purpose of this Subdivision

### (Repealed) SECTION 768-605 Effect of capital gain or loss from underlying fixed trust assets

### (Repealed) SECTION 768-610 Conditions

### (Repealed) SECTION 768-615 Foreign resident companies

SECTION 768-900 What this Subdivision is about

SECTION 768-905 Objects

SECTION 768-910 Income derived by temporary resident

SECTION 768-915 Certain capital gains and capital losses of temporary resident to be disregarded

### (Repealed) SECTION 768-920 Capital gains and losses on employee shares and rights where taxation of discount not deferred

### (Repealed) SECTION 768-925 Notional gain or loss

### (Repealed) SECTION 768-930 Adjustment to notional gain or loss

### (Repealed) SECTION 768-935 Adjustment for share or right acquired under employee share scheme

### (Repealed) SECTION 768-940 Adjustment for derived share

### (Repealed) SECTION 768-945 Amending assessment to take account of effect on capital gain or loss of recalculating discount

SECTION 768-950 Individual becoming an Australian resident

SECTION 768-955 Temporary resident who ceases to be temporary resident but remains an Australian resident

SECTION 768-960 Temporary resident not attributable taxpayer for purposes of controlled foreign companies rules

### (Repealed) SECTION 768-965 Exemption of temporary resident from taxation in respect of foreign investment fund income

SECTION 768-970 Modification of rules for accruals system of taxation of certain non-resident trust estates

### (Repealed) SECTION 768-975 Calculation of beneficiary ' s share of net income of non-resident trust estate

SECTION 768-980 Interest paid by temporary resident

SECTION 770-1 What this Division is about

SECTION 770-5 Object

SECTION 770-10 Entitlement to foreign income tax offset

SECTION 770-15 Meaning of foreign income tax, credit absorption tax and unitary tax

SECTION 770-65 What this Subdivision is about

SECTION 770-70 Amount of foreign income tax offset

SECTION 770-75 Foreign income tax offset limit

SECTION 770-80 Increase in offset limit for tax paid on amounts to which section 23AI or 23AK of the Income Tax Assessment Act 1936 apply

SECTION 770-130 When foreign income tax is considered paid - taxes paid by someone else

SECTION 770-135 Foreign income tax paid by CFCs on attributed amounts

SECTION 770-140 When foreign income tax is considered not paid - anti-avoidance rule

SECTION 770-145 When foreign income tax is considered not paid - foreign DMT tax reduced by amount of benefit

SECTION 770-150 Meaning of foreign DMT tax

SECTION 770-190 Amendment of assessments

SECTION 775-5 What this Division is about

SECTION 775-10 Objects of this Division

SECTION 775-15 Forex realisation gains are assessable

SECTION 775-20 Certain forex realisation gains are exempt income

SECTION 775-25 Certain forex realisation gains are non-assessable non-exempt income

SECTION 775-27 Certain forex realisation gains are non-assessable non-exempt income

SECTION 775-30 Forex realisation losses are deductible

SECTION 775-35 Certain forex realisation losses are disregarded

SECTION 775-40 Disposal of foreign currency or right to receive foreign currency - forex realisation event 1

SECTION 775-45 Ceasing to have a right to receive foreign currency - forex realisation event 2

SECTION 775-50 Ceasing to have an obligation to receive foreign currency - forex realisation event 3

SECTION 775-55 Ceasing to have an obligation to pay foreign currency - forex realisation event 4

SECTION 775-60 Ceasing to have a right to pay foreign currency - forex realisation event 5

SECTION 775-65 Only one forex realisation event to be counted

SECTION 775-70 Tax consequences of certain short-term forex realisation gains

SECTION 775-75 Tax consequences of certain short-term forex realisation losses

SECTION 775-80 You may choose not to have sections 775-70 and 775-75 apply to you

SECTION 775-85 Forex cost base of a right to receive foreign currency

SECTION 775-90 Forex entitlement base of a right to pay foreign currency

SECTION 775-95 Proceeds of assuming an obligation to pay foreign currency

SECTION 775-100 Net costs of assuming an obligation to receive foreign currency

SECTION 775-105 Currency exchange rate effect

SECTION 775-110 Constructive receipts and payments

SECTION 775-115 Economic set-off to be treated as legal set-off

SECTION 775-120 Non-arm's length transactions

SECTION 775-125 CGT consequences of the acquisition of foreign currency as a result of forex realisation event 2 or 3

SECTION 775-130 Certain deductions not allowable

SECTION 775-135 Right to receive or pay foreign currency

SECTION 775-140 Obligation to pay or receive foreign currency

SECTION 775-145 Application of forex realisation events to currency and fungible rights and obligations

SECTION 775-150 Transitional election

SECTION 775-155 Applicable commencement date

SECTION 775-160 Exception - event happens before the applicable commencement date

SECTION 775-165 Exception - currency or right acquired, or obligation incurred, before the applicable commencement date

SECTION 775-168 Exception - disposal or redemption of traditional securities

### (Repealed) SECTION 775-170 Exemption for ADIs and non-ADI financial institutions

SECTION 775-175 Application to things happening before commencement

SECTION 775-180 What this Subdivision is about

SECTION 775-185 What is a facility agreement ?

SECTION 775-190 What is an eligible security ?

SECTION 775-195 You may choose roll-over relief for a facility agreement

SECTION 775-200 Forex realisation event 4 does not apply

SECTION 775-205 What is a roll-over ?

SECTION 775-210 Notional loan

SECTION 775-215 Discharge of obligation to pay the principal amount of a notional loan under a facility agreement - forex realisation event 6

SECTION 775-220 Material variation of a facility agreement - forex realisation event 7

SECTION 775-225 What this Subdivision is about

SECTION 775-230 Election to have this Subdivision apply to one or more qualifying forex accounts

SECTION 775-235 Variation of election

SECTION 775-240 Withdrawal of election

SECTION 775-245 When does a qualifying forex account pass the limited balance test ?

SECTION 775-250 Tax consequences of passing the limited balance test

SECTION 775-255 Notional realisation when qualifying forex account starts to pass the limited balance test

SECTION 775-260 Modification of tax recognition time

SECTION 775-265 What this Subdivision is about

SECTION 775-270 You may choose retranslation for a qualifying forex account

SECTION 775-275 Withdrawal of choice

SECTION 775-280 Tax consequences of choosing retranslation for an account

SECTION 775-285 Retranslation of gains and losses relating to a qualifying forex account - forex realisation event 8

SECTION 775-290 What this Subdivision is about

SECTION 775-295 When this Subdivision applies

SECTION 775-300 Tax consequences of choosing retranslation for arrangement

SECTION 775-305 Retranslation of gains and losses relating to arrangement to which foreign exchange retranslation election applies - forex realisation event 9

SECTION 775-310 When election ceases to apply to arrangement

SECTION 775-315 Balancing adjustment when election ceases to apply to arrangement

SECTION 802-5 What this Subdivision is about

SECTION 802-10 Objects

SECTION 802-15 Foreign residents - exempting CFI from Australian tax

SECTION 802-17 Trust estates and foreign resident beneficiaries - exempting CFI from Australian tax

SECTION 802-20 Distributions between Australian corporate tax entities - non-assessable non-exempt income

SECTION 802-25 Conduit foreign income of an Australian corporate tax entity

SECTION 802-30 Foreign source income amounts

SECTION 802-35 Capital gains and losses

SECTION 802-40 Effect of foreign income tax offset on conduit foreign income

SECTION 802-45 Previous declarations of conduit foreign income

SECTION 802-50 Receipt of an unfranked distribution from another Australian corporate tax entity

SECTION 802-55 No double benefits

SECTION 802-60 No streaming of distributions

SECTION 815-1 What this Subdivision is about

SECTION 815-5 Object

SECTION 815-10 Transfer pricing benefit may be negated

SECTION 815-15 When an entity gets a transfer pricing benefit

SECTION 815-20 Cross-border transfer pricing guidance

SECTION 815-25 Modified transfer pricing benefit for thin capitalisation

SECTION 815-30 Determinations negating transfer pricing benefit

SECTION 815-35 Consequential adjustments

SECTION 815-40 No double taxation

SECTION 815-101 What this Subdivision is about

SECTION 815-105 Object

SECTION 815-110 Operation of Subdivision

SECTION 815-115 Substitution of arm ' s length conditions

SECTION 815-120 When an entity gets a transfer pricing benefit

SECTION 815-125 Meaning of arm ' s length conditions

SECTION 815-130 Relevance of actual commercial or financial relations

SECTION 815-135 Guidance

SECTION 815-140 Modification for thin capitalisation

SECTION 815-145 Consequential adjustments

SECTION 815-150 Amendment of assessments

SECTION 815-201 What this Subdivision is about

SECTION 815-205 Object

SECTION 815-210 Operation of Subdivision

SECTION 815-215 Substitution of arm ' s length profits

SECTION 815-220 When an entity gets a transfer pricing benefit

SECTION 815-225 Meaning of arm ' s length profits

SECTION 815-230 Source rules for certain arm ' s length profits

SECTION 815-235 Guidance

SECTION 815-240 Amendment of assessments

SECTION 815-301 What this Subdivision is about

SECTION 815-305 Special rule for trusts

SECTION 815-310 Special rules for partnerships

SECTION 815-350 What this Subdivision is about

SECTION 815-355 Requirement to give statements

SECTION 815-360 Replacement reporting periods

SECTION 815-365 Exemptions

SECTION 815-370 Meaning of country by country reporting entity (or CBC reporting entity )

SECTION 815-375 Meaning of country by country reporting parent (or CBC reporting parent )

SECTION 815-380 Meaning of country by country reporting group (or CBC reporting group )

SECTION 820-1 What this Division is about

### (Repealed) SECTION 820-5 Does this Division apply to an entity?

SECTION 820-10 Map of Division

SECTION 820-30 Object of Division

SECTION 820-31 Order of application of Subdivisions

SECTION 820-32 Exemption for private or domestic assets and non-debt liabilities

SECTION 820-35 Application - $ 2 million threshold

SECTION 820-37 Application - assets threshold

SECTION 820-39 Exemption of certain special purpose entities

SECTION 820-40 Meaning of debt deduction

SECTION 820-45 What this Subdivision is about

SECTION 820-46 Thin capitalisation rule for general class investors

SECTION 820-47 Choices under subsection 820-46(3) or (4)

SECTION 820-48 Where entity is taken to make third party debt test choice

SECTION 820-49 Meaning of obligor group etc.

SECTION 820-50 Amount of debt deduction disallowed

SECTION 820-51 Meaning of fixed ratio earnings limit and group ratio earnings limit

SECTION 820-52 Meaning of tax EBITDA

SECTION 820-53 Meaning of group ratio, GR group, GR group parent and GR group member

SECTION 820-54 Meaning of GR group net third party interest expense, financial statement net third party interest expense and adjusted net third party interest expense

SECTION 820-55 Meaning of entity EBITDA and GR group EBITDA

SECTION 820-56 Special deduction for previously FRT disallowed amounts - fixed ratio test

SECTION 820-57 Meaning of FRT disallowed amount

SECTION 820-58 FRT disallowed amount is treated as zero where subsequent choice means fixed ratio test does not apply

SECTION 820-59 When FRT disallowed amount is treated as zero for companies and trusts

SECTION 820-60 Excess tax EBITDA amount

SECTION 820-65 What this Subdivision is about

SECTION 820-85 Thin capitalisation rule for outward investing financial entities (non-ADI)

SECTION 820-90 Maximum allowable debt

### (Repealed) SECTION 820-95 Safe harbour debt amount - outward investor (general)

SECTION 820-100 Safe harbour debt amount - outward investing financial entity (non-ADI)

### (Repealed) SECTION 820-105 Arm ' s length debt amount

SECTION 820-110 Worldwide gearing debt amount - outward investor that is not also an inward investment vehicle

SECTION 820-111 Worldwide gearing debt amount - outward investor that is also an inward investment vehicle

SECTION 820-115 Amount of debt deduction disallowed

SECTION 820-120 Application to part year periods

SECTION 820-180 What this Subdivision is about

SECTION 820-185 Thin capitalisation rule for inward investing financial entities (non-ADI)

SECTION 820-190 Maximum allowable debt

### (Repealed) SECTION 820-195 Safe harbour debt amount - inward investment vehicle (general)

SECTION 820-200 Safe harbour debt amount - inward investment vehicle (financial)

### (Repealed) SECTION 820-205 Safe harbour debt amount - inward investor (general)

SECTION 820-210 Safe harbour debt amount - inward investor (financial)

### (Repealed) SECTION 820-215 Arm ' s length debt amount

### (Repealed) SECTION 820-216 Worldwide gearing debt amount - inward investment vehicle (general)

SECTION 820-217 Worldwide gearing debt amount - inward investment vehicle (financial)

### (Repealed) SECTION 820-218 Worldwide gearing debt amount - inward investor (general)

SECTION 820-219 Worldwide gearing debt amount - inward investor (financial)

SECTION 820-220 Amount of debt deduction disallowed

SECTION 820-225 Application to part year periods

SECTION 820-295 What this Subdivision is about

SECTION 820-300 Thin capitalisation rule for outward investing entities (ADI)

SECTION 820-305 Minimum capital amount

SECTION 820-310 Safe harbour capital amount

SECTION 820-315 Arm ' s length capital amount

SECTION 820-320 Worldwide capital amount

SECTION 820-325 Amount of debt deduction disallowed

SECTION 820-330 Application to part year periods

SECTION 820-390 What this Subdivision is about

SECTION 820-395 Thin capitalisation rule for inward investing entities (ADI)

SECTION 820-400 Minimum capital amount

SECTION 820-405 Safe harbour capital amount

SECTION 820-410 Arm ' s length capital amount

SECTION 820-415 Amount of debt deduction disallowed

SECTION 820-420 Application to part year periods

SECTION 820-423 What this Subdivision is about

SECTION 820-423A Debt deduction limitation rule for debt deduction creation (all relevant entities)

SECTION 820-423AA Exceptions for acquisition of certain CGT assets

SECTION 820-423B Amount of debt deduction disallowed

SECTION 820-423C This Subdivision does not limit reduction of debt deductions under other provisions

SECTION 820-423D Schemes relating to this Subdivision

SECTION 820-423E Modified meaning of associate pair

SECTION 820-423F Modified meaning of Australian entity

SECTION 820-427 What this Subdivision is about

SECTION 820-427A Meaning of third party earnings limit and third party debt conditions

SECTION 820-427B Modified third party debt conditions for conduit financing

SECTION 820-427C Conduit financing conditions

SECTION 820-427D Modified meaning of associate entity

SECTION 820-427E Modified meaning of Australian entity

SECTION 820-430 When choice can be made, and what effect it has

SECTION 820-435 Conditions

SECTION 820-440 Revocation of choice

SECTION 820-445 How this Subdivision interacts with Subdivision 820-FA

SECTION 820-579 What this Subdivision is about

SECTION 820-581 How this Division applies to head company for income year in which group comes into existence or ceases to exist

SECTION 820-583 Classification of head company

SECTION 820-584 Exempt special purpose entities treated as not being member of group

SECTION 820-585 Exemption for consolidated group headed by foreign-controlled Australian ADI or its holding company

SECTION 820-587 Additional application of Subdivision 820-D to MEC group that includes foreign-controlled Australian ADI

SECTION 820-588 Choice to treat specialist credit card institutions as being financial entities and not ADIs

SECTION 820-589 How Subdivision 820-D applies to a MEC group

SECTION 820-590 Treatment of FRT disallowed amounts - joining case

SECTION 820-591 Effect of transfer of FRT disallowed amount

SECTION 820-592 Cancelling the transfer of FRT disallowed amount

SECTION 820-593 FRT disallowed amount cannot be applied for income year ending after the joining time

SECTION 820-594 Treatment of FRT disallowed amounts - leaving case

SECTION 820-595 What this Subdivision is about

SECTION 820-597 Choice by head company of consolidated group or MEC group

SECTION 820-599 Choice by Australian resident company outside consolidatable group and MEC group

SECTION 820-601 Application

SECTION 820-603 General

SECTION 820-605 Effect on establishment entity if certain debt deductions disallowed

SECTION 820-607 Effect on test periods under this Division

SECTION 820-609 Effect on classification of head company or single company

SECTION 820-610 Choice not to be outward investing entity (ADI) or inward investing entity (ADI)

SECTION 820-611 Values to be based on what would be in consolidated accounts for group

SECTION 820-613 How Subdivision 820-D applies

SECTION 820-615 How Subdivision 820-E applies

### (Repealed) SECTION 820-617 Effect on safe harbour capital amount if single company is foreign-controlled Australian ADI and on-lends section 128F amounts

SECTION 820-625 What this Subdivision is about

SECTION 820-630 Methods of calculating average values

SECTION 820-635 The opening and closing balances method

SECTION 820-640 The 3 measurement days method

SECTION 820-645 The frequent measurement method

SECTION 820-675 Amount to be expressed in Australian currency

SECTION 820-680 Valuation of assets, liabilities and equity capital

SECTION 820-682 Recognition of assets and liabilities - modifying application of accounting standards

### (Repealed) SECTION 820-683 Recognition of internally generated intangible items - modifying application of accounting standards

### (Repealed) SECTION 820-684 Valuation of intangible assets if no active market - modifying application of accounting standards

SECTION 820-685 Valuation of debt capital

SECTION 820-690 Commissioner ' s power

SECTION 820-740 What this Subdivision is about

SECTION 820-745 What is an Australian controlled foreign entity?

SECTION 820-750 What is an Australian controller of a controlled foreign company?

SECTION 820-755 What is an Australian controller of a controlled foreign trust?

SECTION 820-760 What is an Australian controller of a controlled foreign corporate limited partnership?

SECTION 820-780 What is a foreign controlled Australian entity?

SECTION 820-785 What is a foreign controlled Australian company?

SECTION 820-790 What is a foreign controlled Australian trust?

SECTION 820-795 What is a foreign controlled Australian partnership?

SECTION 820-815 General rule about thin capitalisation control interest in a company, trust or partnership

SECTION 820-820 Special rules about calculating TC control interest held by an entity

SECTION 820-825 Special rules about calculating TC control interests held by a group of entities

SECTION 820-830 Special rules about determining percentage of TC control interest

SECTION 820-835 Commissioner ' s power

SECTION 820-855 TC direct control interest in a company

SECTION 820-860 TC direct control interest in a trust

SECTION 820-865 TC direct control interest in a partnership

SECTION 820-870 TC indirect control interest in a company, trust or partnership

SECTION 820-875 TC control tracing interest in a company, trust or partnership

SECTION 820-880 What this Subdivision is about

SECTION 820-881 Application

SECTION 820-885 What is controlled foreign entity debt ?

SECTION 820-890 What is controlled foreign entity equity ?

SECTION 820-900 What this Subdivision is about

SECTION 820-905 Associate entity

SECTION 820-910 Associate entity debt

SECTION 820-915 Associate entity equity

SECTION 820-920 Associate entity excess amount

SECTION 820-925 What this Subdivision is about

SECTION 820-930 Equity interest in a trust or partnership

SECTION 820-931 What this Subdivision is about

SECTION 820-932 Worldwide debt and worldwide equity

SECTION 820-933 Statement worldwide debt, statement worldwide equity and statement worldwide assets

SECTION 820-935 Meaning of audited consolidated financial statements

SECTION 820-940 What this Subdivision is about

SECTION 820-942 How to work out the zero-capital amount

SECTION 820-945 What this Subdivision is about

SECTION 820-946 Cost-free debt capital and excluded equity interest

SECTION 820-950 What this Subdivision is about

SECTION 820-960 Records about Australian permanent establishments

SECTION 820-962 Records about Australian permanent establishments - exemptions from Australian accounting standards

SECTION 820-965 Review of Commissioner ' s decision

SECTION 820-980 Records about arm ' s length capital amount

SECTION 820-985 Records about group ratio

SECTION 820-990 Offences - treatment of partnerships

SECTION 820-995 Offences - treatment of unincorporated companies

SECTION 830-1 What this Division is about

SECTION 830-5 Foreign hybrid

SECTION 830-10 Foreign hybrid limited partnership

SECTION 830-15 Foreign hybrid company

SECTION 830-17 References to foreign income tax in section 830-10 or 830-15 do not include certain taxes

SECTION 830-20 Treatment of company as a partnership

SECTION 830-25 Partners are the shareholders in the company

SECTION 830-30 Individual interest of a partner in net income etc. equals percentage of notional distribution of company's profits

SECTION 830-35 Partner's interest in assets

SECTION 830-40 Control and disposal of share in partnership income

SECTION 830-45 Partner's revenue and net capital losses from foreign hybrid not to exceed partner's loss exposure amount

SECTION 830-50 Deduction etc. where partner's foreign hybrid revenue loss amount and foreign hybrid net capital loss amount are less than partner's loss exposure amount

SECTION 830-55 Meaning of foreign hybrid net capital loss amount

SECTION 830-60 Meaning of loss exposure amount

SECTION 830-65 Meaning of outstanding foreign hybrid revenue loss amount

SECTION 830-70 Meaning of outstanding foreign hybrid net capital loss amount

SECTION 830-75 Extended meaning of subject to foreign tax

SECTION 830-80 Setting the tax cost of partners ' interests in the assets of an entity that becomes a foreign hybrid

SECTION 830-85 Setting the tax cost of assets of an entity when it ceases to be a foreign hybrid

SECTION 830-90 What the expression tax cost is set means

SECTION 830-95 What the expression tax cost setting amount means

SECTION 830-100 What the expression tax cost means

SECTION 830-105 What the expression asset-based income tax regime means

SECTION 830-110 No disposal of assets etc. on entity becoming or ceasing to be a foreign hybrid

SECTION 830-115 Tax losses cannot be transferred to a foreign hybrid

SECTION 830-120 End of CFC's last statutory accounting period

SECTION 830-125 How long interest in asset, or asset, held

SECTION 832-1 What this Division is about

SECTION 832-5 What this Subdivision is about

SECTION 832-10 Entitlement to receive payment

SECTION 832-15 Entitlement to receive non-cash benefits

SECTION 832-20 Losses that arise from payments or parts of payments

SECTION 832-25 Recipients and payers of a payment

SECTION 832-30 How this Division applies to entities

SECTION 832-35 Single entity rule otherwise not disregarded

SECTION 832-40 Schemes outside Australia

SECTION 832-45 Relationship between this Division and other charging provisions in this Act

SECTION 832-50 Relationship between this Division and Division 820

SECTION 832-55 Division does not affect foreign residence rules

SECTION 832-60 Valuation of trading stock affected by hybrid mismatch rules

SECTION 832-100 What this Subdivision is about

SECTION 832-105 When a payment gives rise to a deduction \ non-inclusion mismatch

SECTION 832-110 When a payment gives rise to a deduction/deduction mismatch

SECTION 832-115 Disregard effect of Division in determining deductions

SECTION 832-120 Meaning of foreign income tax deduction

SECTION 832-125 Meaning of subject to Australian income tax

SECTION 832-130 Meaning of subject to foreign income tax

SECTION 832-135 Safe harbour for translation rates

SECTION 832-175 What this Subdivision is about

SECTION 832-180 Deduction not allowable - Australian primary response

SECTION 832-185 Inclusion in assessable income - Australian secondary response

SECTION 832-190 Exception where entity not a party to the structured arrangement

SECTION 832-195 When a hybrid financial instrument mismatch is an offshore hybrid mismatch

SECTION 832-200 When a payment gives rise to a hybrid financial instrument mismatch

SECTION 832-205 Meaning of Division 832 control group

SECTION 832-210 Meaning of structured arrangement

SECTION 832-215 Hybrid mismatch

SECTION 832-220 Hybrid requirement - payments under financial instruments

SECTION 832-225 Hybrid requirement - payments under transfers of certain financial instruments

SECTION 832-230 Hybrid mismatch - integrity rule for substitute payments

SECTION 832-235 Extended operation of this Subdivision in relation to concessional foreign taxes

SECTION 832-240 Adjustment if hybrid financial instrument payment is income in a later year

SECTION 832-280 What this Subdivision is about

SECTION 832-285 Deduction not allowable - Australian primary response

SECTION 832-290 Inclusion in assessable income - Australian secondary response

SECTION 832-295 Exception where entity not a party to the structured arrangement

SECTION 832-300 When a hybrid payer mismatch is an offshore hybrid mismatch

SECTION 832-305 When a payment gives rise to a hybrid payer mismatch

SECTION 832-310 Hybrid mismatch

SECTION 832-315 Hybrid requirement - assume payment was made to same recipient but by an ungrouped payer

SECTION 832-320 Hybrid payer

SECTION 832-325 Meaning of liable entity

SECTION 832-330 Neutralising amount

SECTION 832-335 Adjustment if hybrid payer has dual inclusion income in a later year

SECTION 832-375 What this Subdivision is about

SECTION 832-380 Deduction not allowable - Australian primary response

SECTION 832-385 Exception where entity not a party to the structured arrangement

SECTION 832-390 When a reverse hybrid mismatch is an offshore hybrid mismatch

SECTION 832-395 When a payment gives rise to a reverse hybrid mismatch

SECTION 832-400 Hybrid mismatch

SECTION 832-405 Hybrid requirement - assume payment was made to an investor

SECTION 832-410 Reverse hybrid

SECTION 832-450 What this Subdivision is about

SECTION 832-455 Deduction not allowable

SECTION 832-460 Exception where entity not a party to the structured arrangement

SECTION 832-465 When a branch hybrid mismatch is an offshore hybrid mismatch

SECTION 832-470 Branch hybrid mismatch

SECTION 832-475 Hybrid mismatch

SECTION 832-480 Hybrid requirement - payment made directly or indirectly to a branch hybrid

SECTION 832-485 Branch hybrid

SECTION 832-525 What this Subdivision is about

SECTION 832-530 Deduction not allowable

SECTION 832-535 Additional requirements for secondary response

SECTION 832-540 When a deducting hybrid mismatch is an offshore hybrid mismatch

SECTION 832-545 When an amount gives rise to a deducting hybrid mismatch

SECTION 832-550 Deducting hybrid

SECTION 832-555 Identifying a secondary response country

SECTION 832-560 Neutralising amount

SECTION 832-565 Adjustment if deducting hybrid has dual inclusion income in a later year

SECTION 832-605 What this Subdivision is about

SECTION 832-610 Deduction not allowable

SECTION 832-615 When a payment gives rise to an imported hybrid mismatch

SECTION 832-620 Hybrid mismatch

SECTION 832-625 Meaning of importing payment

SECTION 832-630 Working out the amount of the imported hybrid mismatch

SECTION 832-635 Carry forward of residual offshore hybrid mismatches

SECTION 832-675 What this Subdivision is about

SECTION 832-680 Dual inclusion income, and when an entity is eligible to apply it

SECTION 832-720 What this Subdivision is about

SECTION 832-725 Payments made to interposed foreign entity (integrity measure) - denial of deduction

SECTION 832-730 Back to back arrangements, etc.

SECTION 832-735 Determination may specify kinds of scheme and circumstances where no denial of deduction

SECTION 832-775 What this Subdivision is about

SECTION 832-780 Section 832-20 applies to Division 230 losses

SECTION 832-785 Adjusting Division 230 loss

SECTION 832-790 Modifications relating to Division 230 gains and losses

SECTION 840-1 What this Division is about

SECTION 840-800 What this Subdivision is about

SECTION 840-805 Liability for managed investment trust withholding tax

SECTION 840-810 When managed investment trust withholding tax is payable

SECTION 840-815 Certain income is non-assessable non-exempt income

SECTION 840-820 Agency rules

SECTION 840-900 What this Subdivision is about

SECTION 840-905 Liability for labour mobility program withholding tax

SECTION 840-906 Covered labour mobility programs

SECTION 840-910 When labour mobility program withholding tax is payable

SECTION 840-915 Certain income is non-assessable non-exempt income

SECTION 840-920 Overpayment of labour mobility program withholding tax

SECTION 842-100 What this Subdivision is about

SECTION 842-105 Amounts of Australian source ordinary income and statutory income that are exempt

SECTION 842-200 What this Subdivision is about

SECTION 842-205 Object of this Subdivision

SECTION 842-210 IMR concessions apply only to foreign residents etc.

SECTION 842-215 IMR concessions

SECTION 842-220 Meaning of IMR entity

SECTION 842-225 Meaning of IMR financial arrangement

SECTION 842-230 Meaning of IMR widely held entity

SECTION 842-235 Rules for determining total participation interests for the purposes of the widely held test

SECTION 842-240 Extended meaning of IMR widely held entity - temporary circumstances outside entity ' s control

SECTION 842-245 Meaning of independent Australian fund manager

SECTION 842-250 Reductions in IMR concessions if independent Australian fund manager entitled to substantial share of IMR entity ' s income

SECTION 855-1 What this Division is about

SECTION 855-5 Objects of this Subdivision

SECTION 855-10 Disregarding a capital gain or loss from CGT events

SECTION 855-15 When an asset is taxable Australian property

SECTION 855-16 Meaning of permanent establishment article

SECTION 855-20 Taxable Australian real property

SECTION 855-25 Indirect Australian real property interests

SECTION 855-30 Principal asset test

SECTION 855-32 Disregard market value of duplicated non-TARP assets

SECTION 855-35 Reducing a capital gain or loss from a business asset - Australian permanent establishments

SECTION 855-40 Capital gains and losses of foreign residents through fixed trusts

SECTION 855-45 Individual or company becomes an Australian resident

SECTION 855-50 Trust becomes a resident trust

SECTION 855-55 CFC becomes an Australian resident

SECTION 880-10 What this Subdivision is about

SECTION 880-15 Meaning of sovereign entity

SECTION 880-20 Meaning of sovereign entity group

SECTION 880-50 What this Subdivision is about

SECTION 880-55 Sovereign entity liable to pay tax

SECTION 880-60 Bodies politic of foreign countries and foreign government agencies treated as foreign residents

SECTION 880-100 What this Subdivision is about

SECTION 880-105 Sovereign entity ' s income from membership interest etc. in trust or company - non-assessable non-exempt income

SECTION 880-110 Sovereign entity ' s deduction from membership interest etc. - loss not deductible

SECTION 880-115 Sovereign entity ' s capital gain from membership interest etc. - gain disregarded

SECTION 880-120 Sovereign entity ' s capital loss from membership interest etc. in trust or company - loss disregarded

SECTION 880-125 Covered sovereign entities

SECTION 880-130 Meaning of public non-financial entity and public financial entity

SECTION 880-200 What this Subdivision is about

SECTION 880-205 Income from consular functions - non-assessable non-exempt income

SECTION 900-1
to
SECTION 909-1

SECTION 900-1 What this Division is about

SECTION 900-5 Application of the requirements of Division 900

SECTION 900-10 Substantiation requirement

SECTION 900-12 Application to recipients and payers of certain withholding payments

SECTION 900-15 Getting written evidence

SECTION 900-20 Keeping travel records

SECTION 900-25 Retaining the written evidence and travel records

SECTION 900-30 Meaning of work expense

SECTION 900-35 Exception for small total of expenses

SECTION 900-40 Exception for laundry expenses below a certain limit

SECTION 900-45 Exception for work expense related to award transport payment

SECTION 900-50 Exception for domestic travel allowance expenses

SECTION 900-55 Exception for overseas travel allowance expenses

SECTION 900-60 Exception for reasonable overtime meal allowance

SECTION 900-65 Crew members on international flights need not keep travel records

SECTION 900-70 Getting written evidence

SECTION 900-75 Retaining the written evidence and odometer records

SECTION 900-80 Getting written evidence

SECTION 900-85 Keeping travel records

SECTION 900-90 Retaining the written evidence and travel records

SECTION 900-95 Meaning of business travel expense

SECTION 900-100 What this Subdivision is about

SECTION 900-105 Ways of getting written evidence

SECTION 900-110 Time limits

SECTION 900-115 Written evidence from supplier

SECTION 900-120 Written evidence of depreciating asset expense

SECTION 900-125 Evidence of small expenses

SECTION 900-130 Evidence of expenses considered otherwise too hard to substantiate

SECTION 900-135 Evidence on a payment summary

SECTION 900-140 What this Subdivision is about

SECTION 900-145 Purpose of a travel record

SECTION 900-150 Recording activities in travel records

SECTION 900-155 Showing which of your activities were income-producing activities

SECTION 900-160 What this Subdivision is about

SECTION 900-165 The retention period

SECTION 900-170 Extending the retention period if an expense is disputed

SECTION 900-175 Commissioner may tell you to produce your records

SECTION 900-180 How to comply with a notice

SECTION 900-185 What happens if you don't comply

SECTION 900-195 Commissioner's discretion to review failure to substantiate

SECTION 900-200 Reasonable expectation that substantiation would not be required

SECTION 900-205 What if your documents are lost or destroyed?

SECTION 900-210 What this Subdivision is about

SECTION 900-215 Deducting an expense related to an award transport payment

SECTION 900-220 Definition of award transport payment

SECTION 900-225 Substituted industrial instruments

SECTION 900-230 Changes to industrial instruments applied for before 29 October 1986

SECTION 900-235 Changes to industrial instruments solely referable to matters in the instrument

SECTION 900-240 Deducting in anticipation of receiving award transport payment

SECTION 900-245 Effect of exception in this Subdivision on exception for small total of expenses

SECTION 900-250 Effect of exception in this Subdivision on methods of calculating car expense deductions

SECTION 905-5 Application of the Criminal Code

SECTION 909-1 Regulations

SECTION 950-100
to
SECTION 995-1

SECTION 950-100 What forms part of this Act

SECTION 950-105 What does not form part of this Act

SECTION 950-150 Guides, and their role in interpreting this Act

SECTION 960-20 Utilisation

SECTION 960-49 Objects of this Subdivision

SECTION 960-50 Translation of amounts into Australian currency

SECTION 960-55 Application of translation rules

SECTION 960-56 What this Subdivision is about

SECTION 960-59 Object of this Subdivision

SECTION 960-60 You may choose a functional currency

SECTION 960-61 Functional currency for calculating capital gains and losses on indirect Australian real property interests

SECTION 960-65 Backdated startup choice

SECTION 960-70 What is the applicable functional currency ?

SECTION 960-75 What is a transferor trust ?

SECTION 960-80 Translation rules

SECTION 960-85 Special rule about translation - events that happened before the current choice took effect

SECTION 960-90 Withdrawal of choice

SECTION 960-100 Entities

SECTION 960-105 Certain entities treated as agents

SECTION 960-115 Meaning of corporate tax entity

SECTION 960-120 Meaning of distribution

SECTION 960-130 Members of entities

SECTION 960-135 Membership interest in an entity

SECTION 960-140 Ordinary membership interest

SECTION 960-180 Total participation interest

SECTION 960-185 Indirect participation interest

SECTION 960-190 Direct participation interest

SECTION 960-195 Non-portfolio interest test

SECTION 960-220 Meaning of trading

SECTION 960-225 Abnormal trading

SECTION 960-230 Abnormal trading - 5 % of shares or units in one transaction

SECTION 960-235 Abnormal trading - suspected 5 % of shares or units in a series of transactions

SECTION 960-240 Abnormal trading - suspected acquisition or merger

SECTION 960-245 Abnormal trading - 20 % of shares or units traded over 60 day period

SECTION 960-250 What this Subdivision is about

SECTION 960-252 Object of this Subdivision

SECTION 960-255 Family relationships

SECTION 960-260 What this Subdivision is about

SECTION 960-265 The provisions for which indexation is relevant

SECTION 960-270 Indexing amounts

SECTION 960-275 Indexation factor

SECTION 960-280 Index number

SECTION 960-285 Indexation - superannuation and employment termination

SECTION 960-290 Indexation - levy threshold for the major bank levy

### (Repealed) SECTION 960-330 What this Subdivision is about

### (Repealed) SECTION 960-335 Meaning of small business taxpayer

### (Repealed) SECTION 960-340 Meaning of average turnover

### (Repealed) SECTION 960-345 Meaning of group turnover

### (Repealed) SECTION 960-350 Recalculating average turnover for opening years

### (Repealed) SECTION 960-355 Winding up a business

SECTION 960-400 What this Subdivision is about

SECTION 960-405 Effect of GST on market value of an asset

SECTION 960-410 Market value of non-cash benefits

SECTION 960-412 Working out market value using an approved method

SECTION 960-415 Amounts that depend on market value

SECTION 960-500 What this Subdivision is about

SECTION 960-505 Meaning of Australia

SECTION 960-550 What this Subdivision is about

SECTION 960-555 Meaning of significant global entity

SECTION 960-560 Meaning of global parent entity

SECTION 960-565 Meaning of annual global income

SECTION 960-570 Meaning of global financial statements

SECTION 960-575 Meaning of notional listed company group

SECTION 961-1 What this Subdivision is about

SECTION 961-5 Who is entitled to the notional tax offset

SECTION 961-10 Amount of the dependant (non-student child under 21 or student) notional tax offset

SECTION 961-15 Reduced amounts of the dependant (non-student child under 21 or student) notional tax offset

SECTION 961-20 Reductions to take account of the dependant ' s income

SECTION 961-50 What this Subdivision is about

SECTION 961-55 Who is entitled to the notional tax offset

SECTION 961-60 Amount of the dependant (sole parent of a non-student child under 21 or student) notional tax offset

SECTION 961-65 Reductions to take account of change in circumstances

SECTION 974-1 What this Division is about

SECTION 974-5 Overview of Division

SECTION 974-10 Object

SECTION 974-15 Meaning of debt interest

SECTION 974-20 The test for a debt interest

SECTION 974-25 Exceptions to the debt test

SECTION 974-30 Providing a financial benefit

SECTION 974-35 Valuation of financial benefits - general rules

SECTION 974-40 Valuation of financial benefits - rights and options to terminate early

SECTION 974-45 Valuation of financial benefits - convertible interests

SECTION 974-50 Valuation of financial benefits - value in present value terms

SECTION 974-55 The debt interest and its issue

SECTION 974-60 Debt interest arising out of obligations owed by a number of entities

SECTION 974-65 Commissioner's power

SECTION 974-70 Meaning of equity interest in a company

SECTION 974-75 The test for an equity interest

SECTION 974-80 Equity interest arising from arrangement funding return through connected entities

SECTION 974-85 Right or return contingent on aspects of economic performance

SECTION 974-90 Right or return at discretion of company or connected entity

SECTION 974-95 The equity interest

SECTION 974-100 Treatment of convertible and converting interests

SECTION 974-105 Effect of action taken in relation to interest arising from related schemes

SECTION 974-110 Effect of material change

SECTION 974-112 Determinations by Commissioner

SECTION 974-115 Meaning of non-share distribution

SECTION 974-120 Meaning of non-share dividend

SECTION 974-125 Meaning of non-share capital return

SECTION 974-130 Financing arrangement

SECTION 974-135 Effectively non-contingent obligation

SECTION 974-140 Ordinary debt interest

SECTION 974-145 Benchmark rate of return

SECTION 974-150 Schemes

SECTION 974-155 Related schemes

SECTION 974-160 Financial benefit

SECTION 974-165 Convertible and converting interests

### (Repealed) SECTION 975-100 When a company is in existence

SECTION 975-150 Position to affect rights in relation to a company

SECTION 975-155 When is an entity a controller (for CGT purposes) of a company?

SECTION 975-160 When an entity has an associate-inclusive control interest

SECTION 975-300 Meaning of share capital account

SECTION 975-500 Wholly-owned groups

SECTION 975-505 What is a 100 % subsidiary?

SECTION 976-1 Franked part of a distribution

SECTION 976-5 Unfranked part of a distribution

SECTION 976-10 The part of a distribution that is franked with an exempting credit

SECTION 976-15 The part of a distribution that is franked with a venture capital credit

SECTION 977-5 Realisation event

SECTION 977-10 Loss realised for income tax purposes

SECTION 977-15 Gain realised for income tax purposes

SECTION 977-20 Realisation event

SECTION 977-25 Disposal of trading stock: loss realised for income tax purposes

SECTION 977-30 Ending of an income year: loss realised for income tax purposes

SECTION 977-35 Disposal of trading stock: gain realised for income tax purposes

SECTION 977-40 Ending of an income year: gain realised for income tax purposes

SECTION 977-50 Meaning of revenue asset

SECTION 977-55 Loss or gain realised for income tax purposes

SECTION 980-1 What this Division is about

SECTION 980-5 Providing affordable housing

SECTION 980-10 Eligible community housing providers

SECTION 980-15 Affordable housing certificates

SECTION 995-1 Definitions

ATOlaw unavailable.

The system is currently unable to process your request.

Please try again later.

Reference number: 2025-12-17 12:27:56

Tools

Media Centre
Forms and instructions
Tax rates and codes
Calculators and tools

Media Centre
Forms and instructions
Tax rates and codes
Calculators and tools

Tax information for

People with disability
Aboriginal and Torres Strait Islander peoples
Norfolk Island
Other languages

People with disability
Aboriginal and Torres Strait Islander peoples
Norfolk Island
Other languages

Help and support

Top call centre questions
Contact us
Identity security and scams
Financial difficulties and disasters

Top call centre questions
Contact us
Identity security and scams
Financial difficulties and disasters

About ATO
Careers
atotv
Share your feedback on our updated website

Other languages

facebook Opens in a new window

X (Twitter) Opens in a new window

Linkedin Opens in a new window

ATO Indigenous badge

We acknowledge the Traditional Owners and Custodians of Country throughout Australia and their continuing connection to land, waters and community. We pay our respects to them, their cultures, and Elders past and present.

© Commonwealth of Australia | View related websites - ATO.gov