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INCOME TAX ASSESSMENT ACT 1997 - SECT 355.225

Expenditure that cannot be notionally deducted

Expenditure on buildings, certain assets and interest

             (1)  Sections 355- 205 (deductions for R&D expenditure) and 355-480 (deductions for earlier year associate R&D expenditure) do not apply to the following expenditure:

                     (a)  expenditure incurred to acquire or construct:

                              (i)  a building or a part of a building; or

                             (ii)  an extension, alteration or improvement to a building;

                     (b)  expenditure included in the * cost of a tangible * depreciating asset for the purposes of Division 40 (as that Division applies as described in section 355- 310 or otherwise);

                     (c)  expenditure incurred for interest (within the meaning of Division 11A of Part III of the Income Tax Assessment Act 1936 ) payable to an entity.

Note 1:       Expenditure covered by paragraph (a) may be deductible under Division 43 (capital works).

Note 2:       The decline in value of an asset covered by paragraph (b) may be notionally deductible under section 355- 305.

Note 3:       Expenditure covered by paragraph (c) may be deductible under section 8-1.

Expenditure on core technology

             (2)  Sections 355- 205 (deductions for R&D expenditure) and 355-480 (deductions for earlier year associate R&D expenditure) do not apply to expenditure incurred in acquiring, or in acquiring the right to use, technology wholly or partly for the purposes of one or more * R&D activities if:

                     (a)  a purpose of the R&D activities was or is:

                              (i)  to obtain new knowledge based on that technology; or

                             (ii)  to create new or improved materials, products, devices, processes, techniques or services to be based on that technology; or

                     (b)  the R&D activities were or are an extension, continuation, development or completion of the activities that produced that technology.

Table of sections

355-300    What this Subdivision is about

355-305    When notional deductions for decline in value arise

355-310    Notional application of Division 40

355-315    Balancing adjustments--assets only used for R&D activities



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