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TAXATION LAWS (TECHNICAL AMENDMENTS) ACT 1998 - SCHEDULE 4

Film component of tax loss of a company or trust

Part   1 -- Income Tax Assessment Act 1997

1   After subsection 375 - 805(1)

Insert:

  (1A)   If an entity's * tax loss is worked out under a provision listed in the table, the film component is what that tax loss would have been if:

  (a)   the entity's * film deductions for the * loss year had been its only deductions; and

  (b)   the entity's * assessable film income for the * loss year had been its only assessable income; and

  (c)   the entity's * net exempt film income for the * loss year had been its only * net exempt income.

However, the film component cannot exceed the actual tax loss.

 

Working out film component of tax loss

Item

Provision

Type of entity

1

165 - 70

Company--income year when ownership or control changed

2

175 - 35

Company--deductions that have been used to obtain a tax benefit disallowed

2   Subsection 375 - 805(1A) (at the end of the table)

Add:

3

268 - 60 in Schedule   2F to the Income Tax Assessment Act 1936

Trust--income year when ownership or control changed

3   Subsection 995 - 1(1) (note to paragraph   ( a) of the definition of film component )

Repeal the note.


Part   2 -- Income Tax Assessment Act 1936

4   Section   268 - 65 in Schedule   2F

Repeal the section.


Part   3 -- Application

5   Application

The amendments made by this Schedule apply to assessments for the 1997 - 98 income year and later income years.




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