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INCOME TAX ASSESSMENT ACT 1997 - SECT 716.400

Tax cost setting and bad debts

  (1)   The object of this section is to clarify the effect of section   701 - 5 (entry history rule) and subsection   701 - 55(6) in relation to an asset that may give rise to a bad debt. It achieves this object by clarifying that certain things are taken to have happened in relation to the asset through the operation of section   701 - 5 and subsection   701 - 55(6).

  (2)   This section applies if:

  (a)   the tax cost of an asset was set at the time (the joining time ) an entity (the joining entity ) became a subsidiary member of a * consolidated group at the asset's tax cost setting amount; and

  (b)   the asset is a debt; and

  (c)   any of the following apply:

  (i)   the debt was included in the joining entity's assessable income before the joining time;

  (ii)   the debt was in respect of money that the joining entity lent before the joining time in the ordinary course of a business of lending money;

  (iii)   the joining entity bought the debt before the joining time in the ordinary course of a business of lending money; and

  (d)   the requirements in subsection   701 - 58(1) (intra - group assets) are not satisfied in relation to the asset.

  (3)   To avoid doubt, in determining the extent to which the * head company of the group can deduct an amount under section   25 - 35 (bad debts) in relation to the asset, section   701 - 5 (entry history rule) and subsection   701 - 55(6) have the effect that, before the joining time:

  (a)   in a case covered by subparagraph   (2)(c)(i)--the head company included an amount equal to the tax cost setting amount in its assessable income in respect of the debt; or

  (b)   in a case covered by subparagraph   (2)(c)(ii)--the head company lent an amount of money in respect of the debt equal to the tax cost setting amount in the ordinary course of a business of lending money; or

  (c)   in a case covered by subparagraph   (2)(c)(iii)--the head company incurred expenditure equal to the tax cost setting amount in buying the debt in the ordinary course of a business of lending money.


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