INCOME TAX ASSESSMENT ACT 1936 (ARCHIVE)

PART IIIA - CAPITAL GAINS AND CAPITAL LOSSES  

Division 3 - Determination of capital gains and capital losses  

SECTION 160ZF   ADJUSTMENT WHERE CONSIDERATION NOT RECEIVED  

160ZF(1)   [Consideration not received or not likely to be received]  

Subject to subsection (3), where the whole or a part of the consideration in respect of the disposal of an asset has not been, and is not likely to be, received by the taxpayer, this Part (other than subsection 160ZD(2) ) applies as if there were no consideration in respect of the disposal or the consideration in respect of the disposal did not include that part of the consideration, as the case may be, and the debt that arose in relation to or by reason of the disposal shall be deemed not to be an asset to which this Part applies.

160ZF(2)   [Non-receipt attributable to act of taxpayer]  

Subsection (1) does not apply where the non-receipt or likely non-receipt by the taxpayer of the whole or part of the consideration is attributable to an act or thing done or omitted to be done by the taxpayer or by an associate of the taxpayer or the taxpayer has not taken all reasonable action to secure payment of the consideration or the unpaid part of the consideration.

160ZF(3)   [Consideration subsequently received]  

If, after the making in respect of the taxpayer of an assessment for the purposes of which subsection (1) has been applied, the consideration or part of the consideration is received by the taxpayer, that subsection shall be deemed not to have been applicable, or not to have been applicable in relation to that part of the consideration, as the case may be.

160ZF(4)   [Amendment of assessments]  

Nothing in section 170 prevents the amendment of an assessment for the purpose of giving effect to this section.


 

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.