ACCT2331 Chapter Notes - Chapter 13: Coles Group, Macquarie Group, Protection Racket

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15 Jan 2019
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13. 1 introduction: this chapter examines the operation of the general deduction provision, also the extensive case laws involved concern former 51(1) related to s8-1. Positive limbs in 8-1(1) allow deductions where: [335-336] [13. 3] Necessarily incurred in carrying on a business for purpose of gaining/producing assessable income. Negative limbs in 8-1(2) deny deductions where: [p336] [13. 4] Loss/outgoing of capital or of capital nature. Incurred in relation to producing exempt income or non-assessable non- exempt income. A provision of this act prevents this deduction: two-step process [p336, determine whether outgoing falls within either of the two positive limbs, examine whether it is excluded by any of the four negative limbs. Note: outgoing which fails to satisfy requirements may be still deductible under a specific deduction provision: outgoing may overlap within each of limb e. g. both private and capital. 13. 2 loss or outgoing and apportionment: loss or outgoing are not defined in legislation hence have ordinary meanings.

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