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INCOME TAX ASSESSMENT ACT 1997 - SECT 775.30

Forex realisation losses are deductible

Basic rule

  (1)   You can deduct from your assessable income for an income year a * forex realisation loss that you make as a result of a * forex realisation event that happens during that year.

Exceptions

  (2)   However, you cannot deduct a * forex realisation loss under this section to the extent that it:

  (a)   is a loss of a private or domestic nature; and

  (b)   is not covered by an item of the table:

 

Forex realisation losses to which this subsection does not apply

Item

You make the forex realisation loss as a result of this event...

happening to...

and the following condition is satisfied...

1

forex realisation event 2

a right, or a part of a right, created or acquired in return for the occurrence of a * realisation event in relation to a * CGT asset you own, where subparagraph   775 - 45(1)(b)(iv) applies

a gain or loss that would result from the occurrence of the realisation event in relation to the CGT asset would be taken into account for the purposes of Part   3 - 1 or 3 - 3

2

forex realisation event 4

an obligation, or a part of an obligation, you incurred in return for the acquisition of a * CGT asset

a gain or loss that would result from the occurrence of a * realisation event in relation to the CGT asset would be taken into account for the purposes of Part   3 - 1 or 3 - 3

Note:   Parts   3 - 1 and 3 - 3 deal with capital gains and losses.

  (3)   Section   775 - 75 provides for additional exceptions.

Note:   Section   775 - 75 is about the tax consequences of certain short - term forex realisation losses.

No double deductions

  (4)   To the extent that this section and another provision of this Act would allow you a deduction for a * forex realisation loss, you can only deduct the loss under this section.

Note:   Under section   230 - 20, foreign exchange losses from a Division   230 financial arrangement are dealt with under Division   230 and not under this Division.


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