Document ID: chunk:federal_register_of_legislation:C2011C00519:clause:1_2:p1
Version: federal_register_of_legislation:C2011C00519
Segment Type: clause
Provision Reference: sch 1 cl 2 (pt 1/21)
Character Range: 56396–58965

2     capital expenditure under Division 43                       the *undeducted construction expenditure in relation to the capital expenditure

Amounts paid to you by borrower under the loan

 (6) Any *financial benefit that:
 (a) a person provides; and
 (b) is *subject to deemed loan treatment;
is taken to be an amount that the borrower pays you under the loan.

Note 1: Section 250‑160 tells you which financial benefits are subject to the deemed loan treatment.

Note 2: These benefits may be ones that are provided either to you or to a connected entity.

Period of the loan

 (7) The *arrangement period is taken to be the period of the loan.

Applying Subdivision 250‑E to the loan

 (8) For the purposes of applying Subdivision 250‑E to the loan:
 (a) you are taken to have an overall gain from the loan and that overall gain is taken to be sufficiently certain at the time when you start to have the loan; and
 (b) the amount of that overall gain is taken to be the sum of the *financial benefits that are *subject to the deemed loan treatment less the amount worked out under subsection (4); and
 (c) you are taken:
 (i) to start to have the loan at the start of the *arrangement period; and
 (ii) to cease to have the loan at the end of the arrangement period; and
 (d) any right that you (or a connected entity) have to a financial benefit that is subject to deemed loan treatment is taken to be a right that you have under the loan; and
 (e) if a *connected entity transfers to another person a right to a financial benefit subject to deemed loan treatment:
 (i) you are taken to transfer the right to that other person; and
 (ii) any consideration that the connected entity receives in relation to the transfer is taken to be consideration that you receive in relation to the transfer; and
 (f) if a right that a connected entity has to a financial benefit subject to deemed loan treatment ceases and the connected entity receives consideration in relation to that cessation—you are taken to receive that consideration in relation to the cessation; and
 (g) you are taken to start to have the loan, or to cease to have the loan, as consideration for something if you start to have the rights to the financial benefits that are subject to deemed loan treatment, or cease to have those rights, as consideration for that thing; and
 (h) in applying sections 250‑265 to 250‑275:
 (i) the amount that you are taken, under subsections (3), (4) and (5), to have lent are the only financial benefits that you provide under the loan; and
 (ii) the financial