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INCOME TAX ASSESSMENT ACT 1997 - SECT 820.220

Amount of debt deduction disallowed

  (1)   If subparagraph   820 - 185(1A)(b)(i) applies, the amount (the total disallowed amount ) disallowed under subsection   820 - 185(1) of the * debt deductions of an entity for an income year is the amount by which those debt deductions exceed the entity's * third party earnings limit for the income year (see section   820 - 427A).

Note:   The disallowed amount also does not form part of the cost base of a CGT asset. See section   110 - 54.

  (2)   The amount by which a particular * debt deduction is disallowed as a result of subsection   (1) is worked out as follows:

  (a)   first, divide the total disallowed amount by the * debt deductions of the entity for the income year;

  (b)   next, multiply the amount of the particular debt deduction by the result of paragraph   (a).

  (3)   If subparagraph   820 - 185(1A)(b)(ii) applies, the amount of a * debt deduction of an entity for an income year disallowed under subsection   820 - 185(1) is worked out using the following formula:

Start formula Debt deduction times start fraction Excess debt over Average debt end fraction end formula

where:

"average debt" means the sum of:

  (a)   the average value, for the income year, of the entity's * debt capital that is covered by step 1 of the method statement in subsection   820 - 185(3); and

  (b)   the average value, for that year, of the entity's * cost - free debt capital that is covered by step 4 of that method statement.

"debt deduction" means each * debt deduction of the entity for that year.

"excess debt" means the amount by which the * adjusted average debt (see subsection   820 - 185(3)) exceeds the entity's * maximum allowable debt for that year.

Note:   The disallowed amount also does not form part of the cost base of a CGT asset. See section   110 - 54.



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