Commonwealth Consolidated Acts

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INCOME TAX ASSESSMENT ACT 1997 - SECT 245.95

What this Subdivision is about

The total of the net forgiven amounts of all your debts forgiven in an income year is applied to reduce 4 classes of amounts that could otherwise reduce your taxable income in the same or a later income year. It is applied in the following order:

               (a)     to your tax losses from previous income years;

              (b)     to your net capital losses from previous income years;

               (c)     to the deductions you would otherwise get in the income year, or in a later income year, because of expenditure from a previous year (for example, the capital allowance deductions you would get for expenditure on acquiring a depreciating asset);

              (d)     to the cost bases of your CGT assets.

You can choose the order in which the net forgiven amounts reduce the amounts within each class.

If all the amounts in the 4 classes are reduced to nil, any remaining net forgiven amounts are disregarded.

Table of sections

General operative provisions

245-100    Subdivision not to apply to calculation of attributable income

245-105    How total net forgiven amount is applied

Reduction of tax losses

245-115    Total net forgiven amount is applied in reduction of tax losses

245-120    Allocation of total net forgiven amount in respect of tax losses

Reduction of net capital losses

245-130    Remaining total net forgiven amount is applied in reduction of net capital losses

245-135    Allocation of remaining total net forgiven amount in respect of net capital losses

Reduction of expenditure

245-145    Remaining total net forgiven amount is applied in reduction of expenditure

245-150    Allocation of remaining total net forgiven amount in respect of expenditures

245-155    How expenditure is reduced--straight line deductions

245-157    How expenditure is reduced--diminishing balance deductions

245-160    Amount applied in reduction of expenditure included in assessable income in certain circumstances

Reduction of cost bases of assets

245-175    Remaining total net forgiven amount is applied in reduction of cost bases of CGT assets

245-180    Allocation of remaining total net forgiven amount among relevant cost bases of CGT assets

245-185    Relevant cost bases of investments in associated entities are reduced last

245-190    Reduction of the relevant cost bases of a CGT asset

Unapplied total net forgiven amount

245-195    No further consequences if there is any remaining unapplied total net forgiven amount

General operative provisions



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