Document ID: chunk:federal_register_of_legislation:C2025C00029:section:6:p10
Version: federal_register_of_legislation:C2025C00029
Segment Type: section
Provision Reference: s 6 (pt 10/16)
Character Range: 380872–383821

(1) You can deduct a loss or outgoing to the extent it is incurred in gaining or producing your assessable income if:
 (a) you are an individual; and
 (b) the loss or outgoing is incurred in respect of testing you for the novel coronavirus SARS‑CoV‑2 that causes COVID‑19 using a test covered by subsection (3); and
 (c) the purpose of testing you is to determine whether you may attend or remain at a place where you:
 (i) engage in activities to gain or produce your assessable income; or
 (ii) engage in activities in the course of carrying on a *business for the purpose of gaining or producing your assessable income.
 (2) However, you cannot deduct a loss or outgoing under this section to the extent that it is a loss or outgoing of capital, or of a capital nature.
 (3) This subsection covers a test that:
 (a) is a polymerase chain reaction test; or
 (b) is a therapeutic good (within the meaning of the Therapeutic Goods Act 1989) that:
 (i) is included in the Australian Register of Therapeutic Goods maintained under section 9A of that Act; and
 (ii) has an intended purpose, accepted in relation to that inclusion, that relates to the detection of the novel coronavirus SARS‑CoV‑2 that causes COVID‑19.

Division 26—Some amounts you cannot deduct, or cannot deduct in full

Guide to Division 26

26‑1  What this Division is about

      This Division sets out some amounts that you cannot deduct, or that you cannot deduct in full.

Table of sections

Operative provisions
26‑5 Penalties
26‑10 Leave payments
26‑15 Franchise fees windfall tax
26‑17 Commonwealth places windfall tax
26‑19 Rebatable benefits
26‑20 Assistance to students
26‑22 Political contributions and gifts
26‑25 Interest or royalty
26‑25A Payments to employees—labour mobility programs
26‑26 Non‑share distribution and dividends
26‑30 Relative's travel expenses
26‑31 Travel related to use of residential premises as residential accommodation
26‑35 Reducing deductions for amounts paid to related entities
26‑40 Maintaining your family
26‑45 Recreational club expenses
26‑47 Non‑business boating activities
26‑50 Expenses for a leisure facility
26‑52 Bribes to foreign public officials
26‑53 Bribes to public officials
26‑54 Expenditure relating to illegal activities
26‑55 Limit on deductions
26‑60 Superannuation contributions surcharge
26‑68 Loss from disposal of eligible venture capital investments
26‑70 Loss from disposal of venture capital equity
26‑75 Excess non‑concessional contributions tax cannot be deducted
26‑80 Financing costs on loans to pay superannuation contribution
26‑85 Borrowing costs on loans to pay life insurance premiums
26‑90 Superannuation supervisory levy
26‑95 Superannuation guarantee charge
26 96 Laminaria and Corallina decommissioning levy cannot be deducted
26‑97 National Disability Insurance Scheme expenditure
26‑98 Division 293 tax cannot be deducted
26‑99 Excess transfer balance tax cannot be deducted
26-99B Build to rent