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INCOME TAX ASSESSMENT ACT 1997 - SECT 716.95 Special rule if not all partnership or trust's assessable income or deductions taken into account in working out amount

INCOME TAX ASSESSMENT ACT 1997 - SECT 716.95

Special rule if not all partnership or trust's assessable income or deductions taken into account in working out amount

  (1)   To the extent that the assessable income of the partnership or trust for the income year was not taken into account in working out the amount referred to in section   716 - 75, it is disregarded in applying paragraph   716 - 80(1)(a) or subsection   716 - 85(1).

Note:   For example, if a trust's net income for an income year must be worked out under section   268 - 45 in Schedule   2F to the Income Tax Assessment Act 1936 , the trust's assessable income attributed to a period (in the income year) for which it has a notional loss under section   268 - 30 of that Act is not taken into account.

  (2)   To the extent that the deductions of the partnership or trust for the income year were not taken into account in working out the amount referred to in section   716 - 75, they are disregarded in applying paragraph   716 - 80(1)(b) or subsection   716 - 85(2).

Note:   For example, in the case described in the note to subsection   (1) of this section, the trust's deductions attributed to that period are not taken into account in working out the trust's net income for the income year.

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