Income Tax Assessment Act 1997
This Division applies to you and an asset at a particular time if:
(a) the asset is being *put to a tax preferred use; and
(b) the *arrangement period for the *tax preferred use of the asset is greater than 12 months; and
(c) *financial benefits in relation to the tax preferred use of the asset have been, will be or can reasonably be expected to be, *provided to you (or a *connected entity) by:
(i) a *tax preferred end user (or a connected entity); or
(ii) any *tax preferred entity (or a connected entity); or
(iii) any entity that is a foreign resident; and
(d) disregarding this Division, you would be entitled to a *capital allowance in relation to:
(i) a decline in the value of the asset; or
(ii) expenditure in relation to the asset; and
(e) you lack a *predominant economic interest in the asset at that time.
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