Income Tax Assessment Act 1936

PART III - LIABILITY TO TAXATION  

Division 3 - Deductions  

Subdivision H - Period of deductibility of certain advance expenditure  

SECTION 82KZN   82KZN   TRANSFER ETC. OF RIGHTS UNDER AGREEMENT  


Where:


(a) under an agreement entered into either before or after the commencement of this section, a taxpayer (in this section called the original taxpayer ) incurs expenditure in return for the doing of a thing during a period after the incurring of the expenditure; and


(b) either:


(i) the original taxpayer transfers to another taxpayer (in this section called the recipient taxpayer ) all of his or her rights under the agreement in relation to the doing of the thing during the remainder of the period; or

(ii) the agreement is discharged (whether by performance or otherwise) in so far as it relates to the doing of the thing during the remainder of the period;

the following provisions have effect for the purpose of this Subdivision:


(c) if the whole or part of a deduction under former section 51 of this Act or section 8-1 of the Income Tax Assessment Act 1997 in respect of the expenditure is, because of this Subdivision, allowable from the assessable income of the original taxpayer of any year of income occurring after the year of income in which the transfer or discharge occurs - that deduction is instead allowable from the assessable income of the year of income in which the transfer, assignment or discharge occurs;


(d) if the recipient taxpayer incurs expenditure in return for the transfer - the recipient taxpayer shall be taken to have incurred, under an agreement entered into at the time of the transfer, so much of that expenditure as is not of a capital, private or domestic nature in return for the doing of the thing during the remainder of the period.


 

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