Commonwealth Consolidated Acts

INCOME TAX ASSESSMENT ACT 1997 - SECT 165.55

  (1)   The company's deductions for the income year are attributed to periods in the income year as follows.

  (2)   The following deductions are attributed to each period in proportion to the length of the period:

  (a)   deductions for the decline in value of a * depreciating asset;

See Division   40.

  (b)   deductions for * exploration or prospecting, or * mining capital expenditure, in connection with mining or quarrying;

See section   40 - 80 and Subdivisions   40 - H and 40 - I.

  (c)   deductions for expenditure, deductions for which are spread over 2 or more income years, but not:

  (i)   deductions for exploration or prospecting, or capital expenditure, in connection with mining or quarrying; or

See Subdivision   40 - I.

  (ii)   * full year deductions (see subsection   (5));

  (d)   deductions for expenditure of capital monies in connection with an Australian * film.

See former section   124ZAFA of the Income Tax Assessment Act 1936 .

  (3)   All other deductions (except * full year deductions) are attributed to periods as if each period were an income year.

  (4)   * Full year deductions are not attributed to any of the periods. They are brought in at a later stage of the process of calculating the company's taxable income for the income year.

  (5)   These are full year deductions :

  (a)   deductions for bad debts under section   8 - 1 (about general deductions) or section   25 - 35 (about bad debts);

  (b)   deductions for losses on debt/equity swaps under section   63E of the Income Tax Assessment Act 1936 ;

  (c)   deductions, so far as they are allowable under Division   8 (which is about deductions) because Subdivision H (Period of deductibility of certain advance expenditure) of Division   3 of Part   III of the Income Tax Assessment Act 1936 applies to the company in relation to the income year;

  (fa)   deductions for payments of pensions, gratuities or retiring allowances under section   25 - 50;

  (fb)   deductions for gifts under Division   30;

  (f)   deductions for * tax losses of earlier income years.

See Division   36.

  (6)   However, a deduction for the balance of capital expenditure is not a full year deduction if the deduction results from the disposal, loss, lapse, termination of use or destruction of the property.