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INCOME TAX ASSESSMENT ACT 1997 - SECT 417.35

Allocating assets to a project pool

  (1)   You may choose to allocate to a project pool all the * depreciating assets (the pooled assets ) that:

  (a)   you * held when the * Timor Sea Maritime Boundaries Treaty entered into force; and

  (b)   before that treaty entered into force, you used, or had * installed ready for use, for a purpose of undertaking * transitioned petroleum activities.

  (2)   You must choose by the day you lodge your * income tax return for the income year (the initial income year ) in which that treaty entered into force.

  (3)   The choice is irrevocable.

  (4)   If you make the choice, for the purposes of Division   40 and section   417 - 30:

  (a)   the pooled assets are taken to be a single * depreciating asset that you * hold; and

  (b)   the single asset is taken to be used, or * installed ready for use, for the same purpose as the purpose for which the pooled assets were used, or installed ready for use, when the * Timor Sea Maritime Boundaries Treaty entered into force; and

  (c)   the * cost of the single asset is taken to be an amount equal to the sum of the * adjustable values of all of the pooled assets when that treaty entered into force; and

  (d)   the decline in value of the single asset is taken to be:

  (i)   for the initial income year--40% of its cost; and

  (ii)   for the next income year--40% of its cost; and

  (iii)   for the income year after that next income year--20% of its cost; and

  (e)   a * balancing adjustment event cannot occur for the single asset; and

  (f)   a * CGT event cannot occur for the single asset; and

  (g)   amounts are not deductible, by you or any other entity, for declines in value of any of the assets allocated to the pool for:

  (i)   the part of the initial income year occurring on or after the entry into force of that treaty; or

  (ii)   any subsequent income year.

  (5)   The transfer of a pooled asset to another entity does not affect the operation of subsection   (4) in relation to the single asset.


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