Income Tax Assessment Act 1997
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View history noteDiv 40 substituted for Divs 40, 41 and 42 by No 76 of 2001.
Note: A Commissioner ' s Remedial Power (CRP 2017/2) is relevant to this part of the tax law. Taxation Administration (Remedial Power - Small Business Restructure Roll-over) Determination 2017 (F2017L01687) modifies the operation of s 40-340 of the Income Tax Assessment Act 1997 and any other provisions of a taxation law whose operation is affected by the modified operation of s 40-340 in relation to an asset transferred under a small business restructure roll-over (item 8 of the table in s 40-340(1) ).
The operation of the relevant provisions is modified as follows:
If s 40-340 of ITAA 1997 provides for rollover relief in relation to a disposal of a depreciating asset because the condition in item 8 of the table in s 40-340(1) of ITAA 1997 is satisfied in relation to the asset, that section has effect as if it also provided that the disposal of the asset has no direct consequences under the income tax law (other than Div 40 of ITAA 1997).
The modification applies in respect of transfers on or after 8 May 2018.
An entity must treat a modification as not applying to it or any other entity if the modification would produce a less favourable result for it. The Commissioner is empowered by s 370-5 of Sch 1 to the Taxation Administration Act 1953 to make modifications, by legislative instrument, to ensure the law is administered to achieve its intended purpose or object.
Subdiv 40-K inserted by No 130 of 2015, s 3 and Sch 1 item 10, applicable in relation to farm-in farm-out arrangements entered into after 7.30 pm, by legal time in the Australian Capital Territory, on 14 May 2013.
SECTION 40-1125 40-1125 Effect of exploration benefits on the cost of mining, quarrying or prospecting information
If:
(a) you * hold a * depreciating asset that is * mining, quarrying or prospecting information; and
(b) under a * farm-in farm-out arrangement, you receive an * exploration benefit; and
(c) an amount or expenditure would, apart from this section, be included in the second element of the * cost of the asset;
do not include that amount or expenditure in the second element to the extent (if any) that it is reasonably attributable to the exploration benefit.
S 40-1125 inserted by No 130 of 2015, s 3 and Sch 1 item 10, applicable in relation to farm-in farm-out arrangements entered into after 7.30 pm, by legal time in the Australian Capital Territory, on 14 May 2013.
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