Document ID: chunk:federal_register_of_legislation:C2004A00445:clause:1_4:p2
Version: federal_register_of_legislation:C2004A00445
Segment Type: clause
Provision Reference: sch 1 cl 4 (pt 2/5)
Character Range: 12828–17137

of the capital expenditure you incurred in obtaining the spectrum licence with the other property as is reasonably attributable to the spectrum licence                                       section 380‑110 (non‑arm's length transactions)
  6                                       the spectrum licence was assigned to you by an entity for no consideration                                                                                                                                                                                                     the sum of that entity's *unrecouped expenditure on the spectrum licence, just before the assignment took effect and the capital expenditure (if any) you incurred in obtaining the spectrum licence  section 380‑115 (assignment of part of a spectrum licence)
  7                                       the spectrum licence was assigned to you for no consideration by an entity that:                                                                                                                                                                                               a nil amount                                                                                                                                                                                          not applicable
                                          (a) used the spectrum licence while it held it, but never for the *purpose of producing assessable income; or
                                          (b) never used the item while it held it, but if it had, would never have used it for the *purpose of producing assessable income
  8                                       a *balancing adjustment event happened that is covered by item 3 (about partial changes of ownership) in the table in subsection 380‑80(3)                                                                                                                                     the spectrum licence's market value at the time of the event                                                                                                                                          not applicable
  9                                       a *balancing adjustment event happened to which Common rule 1 applies (see section 380‑100)                                                                                                                                                                                    the transferor's *unrecouped expenditure on the spectrum licence just before the event                                                                                                                not applicable

Subdivision 380‑B—Partial realisation of spectrum licences

Guide to Subdivision 380‑B

380‑30  What this Subdivision is about

      If you partially realise a spectrum licence, the amount arising reduces your unrecouped expenditure on the spectrum licence, and therefore reduces your future deductions.
      However, the replacement of some or all of your spectrum licence with another spectrum licence that you hold is not a partial realisation. Instead, Subdivision 380‑C applies.
      Depending on how much the amount arising is, an amount may also be included in your assessable income (to reverse the effect of past deductions).
                  Note: The full realisation of a spectrum licence may be a balancing adjustment event (see Subdivision 380‑D).

Table of sections

Operative provisions

380‑35 Amount arising from the partial realisation
380‑40 What are the effects of the partial realisation?
380‑45 Spectrum licence after the partial realisation

[This is the end of the Guide.]

Operative provisions

380‑35  Amount arising from the partial realisation

 (1) A partial realisation of a *spectrum licence is an event described in column 2 of an item in the table.

 (2) However, the *replacement of some or all of a *spectrum licence with another spectrum licence that you hold after the replacement is not a partial realisation of the first‑mentioned spectrum licence. Instead, Subdivision 380‑C applies.

 (3) The amount arising from the partial realisation is the amount in column 3 of the applicable item in the table. (If more than one item applies, use the amount