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INCOME TAX ASSESSMENT ACT 1997 - SECT 713.240 Partnership joins group--tax cost setting amount for partnership asset

INCOME TAX ASSESSMENT ACT 1997 - SECT 713.240

Partnership joins group--tax cost setting amount for partnership asset

  (1)   Work out the * tax cost setting amounts for the assets covered by subsection   713 - 235(3) as follows:

  (a)   firstly, add up the subsection   (2) amounts for all the partnership cost setting interests in the partnership at the joining time (the result is the partnership cost pool );

Note 1:   Partnership cost setting interests held by a partner that becomes a subsidiary member of the group at the joining time are included in the calculation in paragraph   (a). The operation of the cost setting rules in relation to that partner at the joining time may affect the subsection   (2) amounts for those interests.

Note 2:   Partnership cost setting interests are included in the calculation in paragraph   (a), even if the cost setting rules have not applied in relation to the interests (for example, if the interests were acquired directly by the head company).

  (b)   secondly, work out the tax cost setting amounts for the assets covered by subsection   713 - 235(3) that are * retained cost base assets, in accordance with section   705 - 25;

  (c)   thirdly, work out the tax cost setting amounts for the rest of the assets covered by subsection   713 - 235(3), in accordance with subsection   (3).

Subsection   (2) amount for a partnership cost setting interest

  (2)   For the purposes of paragraph   (1)(a), the subsection   (2) amount for a * partnership cost setting interest is the amount specified in the following table:

 

Working out the subsection   (2) amount

Item

If the market value of the partnership cost setting interest is ...

the subsection   (2) amount for the partnership cost setting interest is ...

1

equal to or greater than its * cost base

its cost base

2

less than its * cost base but greater than its * reduced cost base

its * market value

3

less than or equal to its * reduced cost base

its reduced cost base

Allocating partnership cost pool to partnership assets that are not retained cost base assets

  (3)   Work out the * tax cost setting amounts for the assets mentioned in paragraph   (1)(c) by applying sections   705 - 35 , 705 - 40, 705 - 45 and 705 - 47 to those assets, as if:

  (a)   the partnership were, at the joining time, the joining entity mentioned in those sections; and

  (b)   the assets of the partnership were the assets covered by subsection   713 - 235(3); and

  (c)   the allocable cost amount mentioned in paragraph   705 - 35(1)(a) were the partnership cost pool.

  (4)   For the purposes of this section, section   104 - 510 (CGT event L3) applies as if the group's allocable cost amount for the entity mentioned in that section were the partnership cost pool.

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