Commonwealth Consolidated Acts

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INCOME TAX ASSESSMENT ACT 1997 - SECT 727.625

Total gain reductions not to exceed total loss reductions

  (1)   This section ensures that the total ( total gain reductions ) of the amounts by which section   727 - 620 reduces gains * realised for income tax purposes by * realisation events happening at the same time does not exceed the total ( total loss reductions ) of:

  (a)   the amounts by which section   727 - 615 reduces losses that:

  (i)   would, apart from this Division, be * realised for income tax purposes by * realisation events happening before or at that time; and

  (ii)   have not already been taken into account in a previous application of this section; and

  (b)   the amounts by which section   727 - 850 (as applying to the * scheme from which the * indirect value shift results) reduces losses that:

  (i)   would, apart from this Division, be realised for income tax purposes by realisation events happening before the * IVS time to * equity or loan interests, or * indirect equity or loan interests, in the * losing entity; and

  (ii)   have not already been taken into account in a previous application of this section.

  (2)   If, apart from this section, the total gain reductions would exceed the total loss reductions, the amount by which section   727 - 620 reduces each of the gains is itself reduced by the amount worked out using this formula:

Start formula start fraction open bracket Total gain reductions minus Total loss reductions close bracket over Number of interests end fraction end formula

  (3)   For the purposes of the formula:

"number of interests" means the number of * affected interests in the * gaining entity to which * realisation events happened at that time.



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