Commonwealth of Australia Consolidated Acts

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INCOME TAX ASSESSMENT ACT 1997 - SECT 122.145

Rules for working out what a liability in respect of an interest in an asset is

             (1)  These rules are relevant to working out what are the liabilities in respect of a partner's interests in an asset.

             (2)  A liability incurred for the purposes of a * business that is not a liability in respect of interests in a specific asset or assets of the business is taken to be a liability in respect of the partner's interests in all the assets of the business.

Note:          An example is a bank overdraft.

             (3)  If a liability is in respect of both:

                     (a)  the partner's interests in one or more assets that the partner * acquired on or after 20 September 1985; and

                     (b)  the partner's interests in one or more assets that the partner acquired before that day;

the proportion of the liability that is in respect of the partner's interests that the partner acquired on or after that day is equal to:

Replacement-asset roll-over if partners dispose of a CGT asset



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