(1) An amount that relates to a * pool of construction expenditure that arises as a result of expenditure incurred by a lessee or a holder of a * quasi - ownership right over land:
(a) can only be deducted by a lessee or a holder of a quasi - ownership right over land who satisfies subsection 43 - 120(1) or (2); and
(b) cannot be deducted by the owner of the capital works while there is a lessee or a holder of a quasi - ownership right over land who satisfies that subsection.
(2) The owner of the capital works may deduct an amount that relates to that pool if there is no longer a lessee or a holder of a * quasi - ownership right over land who satisfies subsection 43 - 120(1) or (2).