Commonwealth Consolidated Acts

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INCOME TAX ASSESSMENT ACT 1997 - SECT 43.175

Own use--hotel and apartment buildings

  (1)   An entity is taken not to have used a bedroom in a * hotel building, or an apartment, unit or flat in an * apartment building, for the * purpose of producing assessable income at a time if, at that time, the bedroom, apartment, unit or flat is used, or reserved for use, by:

  (a)   the entity; or

  (b)   if the entity is a partnership--any of the partners in the partnership.

Note:   This subsection affects Tables 43 - 140 and 43 - 145.

  (2)   Also, an entity is taken not to use a bedroom in a * hotel building, or an apartment, unit or flat in an * apartment building for any purpose at a time if:

  (a)   at that time, a * right to use or a right to occupy the bedroom, apartment, unit or flat was vested in the entity; and

  (b)   that right was vested in the entity because the entity was, at that time, a member of a company, a beneficiary of a trust estate or a partner in a partnership.

Note:   This subsection affects Tables 43 - 90, 43 - 140 and 43 - 145.


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