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INCOME TAX ASSESSMENT ACT 1997 No. 38 of 1997 - SECT 330.270

Agreement results in seller giving up further deductions

(1) By specifying an amount in an agreement, the seller gives up the right to
any further deductions in respect of the *allowable capital expenditure or
*exploration or prospecting expenditure that the amount is attributable to.
Note: This subsection is given effect by:
. section 330- 35 (which is about the seller not being able to deduct an
amount of expenditure); and
. section 330- 105 (which defines unrecouped expenditure); and
. section 330- 325 (which is about excess amounts not being deductible).

(2) For the purposes of this Division, an amount specified in an agreement
made under section 330- 235 is taken to be wholly attributable to expenditure
incurred by the seller.

(3) The extent to which such an amount is attributable to particular
expenditure, to expenditure of a particular class, or to expenditure incurred
at a particular time or during a particular period, must be determined
reasonably. 


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