Commonwealth Consolidated Acts

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INCOME TAX ASSESSMENT ACT 1997 - SECT 240.110

Adjustments for notional buyer

  (1)   If:

  (a)   an amount is included in the * notional seller's assessable income of an income year under subsection   240 - 105(2); or

  (b)   an amount would have been so included if the notional seller had been subject to tax on assessable income;

the * notional buyer is entitled to deduct a corresponding amount in the notional buyer's income year.

  (2)   If:

  (a)   the * notional seller is entitled to deduct an amount for an income year under subsection   240 - 105(3); or

  (b)   the notional seller would have been so entitled if the * notional seller had been subject to tax on assessable income;

a corresponding amount is included in the notional buyer's assessable income for the notional buyer's income year.

  (3)   The * notional buyer is entitled to a deduction, and is required to include an amount in his or her assessable income only to the extent (if any) that the notional buyer would, apart from this Division, have been entitled to deduct * arrangement payments if no part of those payments were capital in nature.



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