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INCOME TAX ASSESSMENT ACT 1997 - SECT 230.105 Sufficiently certain overall gain or loss

INCOME TAX ASSESSMENT ACT 1997 - SECT 230.105

Sufficiently certain overall gain or loss

  (1)   You have a sufficiently certain overall gain or loss from a * financial arrangement at the time when you start to have the arrangement only if it is sufficiently certain at that time that you will make an overall gain or loss from the arrangement of:

  (a)   a particular amount; or

  (b)   at least a particular amount.

The amount of the gain or loss is the amount referred to in paragraph   (a) or (b).

Note:   Sections   230 - 70 and 230 - 75 (about apportionment of financial benefits) only apply in working out whether you make, or will make, a gain or loss (and the amount of the gain or loss) when particular events happen. They do not apply in working out, at the time when you start to have a financial arrangement, whether it is sufficiently certain that you will make an overall gain or loss from the arrangement.

  (2)   In applying subsection   (1), you must:

  (a)   assume that you will continue to have the * financial arrangement for the rest of its life; and

  (b)   have regard to the extent of the risk that a * financial benefit that you are not sufficiently certain to provide or receive under the arrangement may reduce the amount of the gain or loss.

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