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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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