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INCOME TAX ASSESSMENT ACT 1997 - SECT 230.175

Running balancing adjustments

Overestimate of financial benefit to be received

  (1)   You are taken for the purposes of this Division to make a loss from a * financial arrangement if:

  (a)   a provision of this Subdivision has applied on the basis that you were sufficiently certain, at a particular time, to receive a * financial benefit of, or of at least, a particular amount under the arrangement; and

  (b)   when you receive the benefit (or the time comes for you to receive the benefit), the amount you receive (or are to receive) is nil or is less than the amount estimated.

The amount of the loss is equal to the difference between the amount estimated and the amount you receive (or are to receive). You are taken to have made the loss for the income year in which you receive the benefit (or in which the time comes for you to receive the benefit).

  (1A)   Subsection   (1) does not apply to the extent that the difference results from:

  (a)   an impairment (within the meaning of the * accounting principles) of:

  (i)   the * financial arrangement; or

  (ii)   a financial asset or financial liability that forms part of the arrangement; or

  (b)   you writing off, as a bad debt, a right to a * financial benefit (or a part of a financial benefit).

Underestimate of financial benefit to be received

  (2)   You are taken for the purposes of this Division to make a gain from a * financial arrangement if:

  (a)   a provision of this Subdivision has applied on the basis that you were sufficiently certain at a particular time to receive a * financial benefit of, or of at least, a particular amount under the arrangement; and

  (b)   when you receive the benefit, or the time comes for you to receive the benefit, the amount you receive, or are to receive, is more than the amount estimated.

The amount of the gain is equal to the difference between the amount estimated and the amount you receive or are to receive. You are taken to have made that gain in the income year in which you receive the benefit or in which the time comes for you to receive the benefit.

  (2A)   Subsection   (2) does not apply to the extent that the difference results from the reversal of an impairment loss (within the meaning of the * accounting principles) that resulted from an impairment (within the meaning of the accounting principles) of:

  (a)   the * financial arrangement; or

  (b)   a financial asset or financial liability that forms part of the arrangement.

Overestimate of financial benefit to be provided

  (3)   You are taken for the purposes of this Division to make a gain from a * financial arrangement if:

  (a)   a provision of this Subdivision has applied on the basis that you were sufficiently certain at a particular time to provide a * financial benefit of, or of at least, a particular amount under the arrangement; and

  (b)   when you provide the benefit, or the time comes for you to provide the benefit, the amount you provide, or are to provide, is nil or is less than the amount estimated.

The amount of the gain is equal to the difference between the amount estimated and the amount you provide or are to provide. You are taken to have made that gain in the income year in which you provide the benefit or in which the time comes for you to provide the benefit.

Underestimate of financial benefit to be provided

  (4)   You are taken for the purposes of this Division to make a loss from a * financial arrangement if:

  (a)   a provision of this Subdivision has applied on the basis that you were sufficiently certain at a particular time to provide a * financial benefit of, or of at least, a particular amount under the arrangement; and

  (b)   when you provide the benefit, or the time comes for you to provide the benefit, the amount you are to provide is more than the estimated amount referred to in paragraph   (a).

The amount of the loss is equal to the difference between the amount estimated and the amount you are to provide. You are taken to have made that loss in the income year in which you provide the benefit or in which the time comes for you to provide the benefit.


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