Income Tax Assessment Act 1936


Division 3 - Deductions  

Subdivision A - General  



(a) an amount is included in the assessable income of a taxpayer of a year of income by section 102-5 of the Income Tax Assessment Act 1997 (about net capital gains) or subsection 124ZZB(1) of this Act (about notional capital gains of PDFs);

(b) a deduction would, but for this section, be allowable under a provision listed in the table in subsection (2) to the taxpayer; and

(c) if the amount had not been included in the assessable income the deduction would not be allowable;

the deduction is not allowable.


The table lists provisions allowing deductions that are affected by subsection (1). Provisions of the Income Tax Assessment Act 1997 are identified in normal text. The other provisions, in bold , are provisions of the Income Tax Assessment Act 1936 .

Deduction provisions affected by net capital gains limit
Item Provision Description
1 Subdivision A of Division 3 of Part III General
2 section 8-1 General deductions
3 Division 25 Some expenses you can deduct
4 Division 30 Gifts or contributions
5 Division 34 Non-compulsory uniforms
6 Division 36 Tax losses of earlier income years
7 Subdivision 40-F Facilities to conserve or convey water
8 Subdivision 40-F Establishing grapevines
9 Subdivision 40-G Landcare operations
10 Subdivision 40-G Mains electricity supply
11 Subdivision 40-G Telephone lines
12 Division 165 Income tax consequences of changing ownership or control of a company
13 Subdivision 170-A Transfer of tax losses within wholly-owned groups of companies
14 Division 230 Financial arrangements


Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.