Commonwealth Consolidated Acts

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TAX LAWS AMENDMENT (2012 MEASURES NO. 1) ACT 2012 - SECT 26.19

Rebatable benefits

  (1)   You cannot deduct under this Act a loss or outgoing to the extent that the loss or outgoing is incurred in gaining or producing a rebatable benefit (within the meaning of section   160AAA of the Income Tax Assessment Act 1936 ).

  (2)   To the extent that you use property in gaining or producing a rebatable benefit, your use of the property is taken not to be for the * purpose of producing assessable income if subsection   ( 1) would stop you deducting a loss or outgoing if you incurred it in the income year in gaining or producing the rebatable benefit.

Note:   Under some provisions of this Act, in order to deduct an amount for your property, you must have used the property for the purpose of producing assessable income.

3   Subsection   995 - 1(1) (note at the end of the definition of purpose of producing assessable income )

Omit "Section   32 - 15 (about using property in providing entertainment) treats", substitute "Sections   26 - 19 (about using property in gaining or producing rebatable benefits) and 32 - 15 (about using property in providing entertainment) treat".

4   Application of amendments

The amendments made by this Schedule apply to assessments for the 2011 - 12 income year and later income years.



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