Document ID: chunk:federal_register_of_legislation:C2025C00029:section:11:p5
Version: federal_register_of_legislation:C2025C00029
Segment Type: section
Provision Reference: s 11 (pt 5/64)
Character Range: 3307370–3310161

mentioned in paragraph 180‑15(2)(e) was incurred in the income year mentioned in that paragraph—that income year; or
 (e) if the debt mentioned in paragraph 180‑15(2)(e) was incurred in an earlier income year than the one mentioned in that paragraph—the day on which the debt was incurred.

Company knowledge
 (2) The information need not be within the knowledge of the company at the time the notice is given.

Period for giving information
 (3) The notice must specify a period within which the company is to give the information. The period must not end earlier than 21 days after the day on which the Commissioner gives the notice.

Consequence of not giving the information
 (4) If the company does not give the information within the period or within such further period as the Commissioner allows:
 (a) subsection 175‑10(2), 175‑15(2), 175‑20(2), 175‑25(2), 175‑30(4), 175‑85(2) or 175‑90(2) does not prevent the Commissioner from disallowing the deduction; or
 (b) subsection 175‑45(2) or 175‑50(2) does not prevent the Commissioner from *disallowing the *net capital loss; or
 (c) subsection 175‑60(2), 175‑65(2) or 175‑70(4) does not prevent the Commissioner from *disallowing the *capital loss;
as the case requires.

No offences or penalties
 (5) To avoid doubt, subsection (4) does not cause the company to commit any offence or be liable to any penalty under Part 4‑25 in Schedule 1 to the Taxation Administration Act 1953 for claiming the deduction, or applying the *net capital loss or *capital loss, in the company's *income tax return.

Division 195—Special types of company

Table of Subdivisions
195‑A Pooled development funds (PDFs)
195‑B Limited partnerships
195‑C Corporate collective investment vehicles

Subdivision 195‑A—Pooled development funds (PDFs)

Guide to Subdivision 195‑A

195‑1  What this Subdivision is about

      This Subdivision contains rules about the income tax treatment of:
           pooled development funds (PDFs)
           shares in PDFs.

Table of sections

Working out a PDF's taxable income and tax loss
195‑5 Deductibility of PDF tax losses
195‑10 PDF cannot transfer tax loss
195‑15 Tax loss for year in which company becomes a PDF

Working out a PDF's net capital gain and net capital loss
195‑25 Applying a PDF's net capital losses
195‑30 PDF cannot transfer net capital loss
195‑35 Net capital loss for year in which company becomes a PDF

Working out a PDF's loss carry back tax offset
195‑37 PDF cannot carry back tax loss

Working out a PDF's taxable income and tax loss

195‑5  Deductibility of PDF tax losses
  If a company is a *PDF at the end of an income year for which it has a *tax loss, it can deduct the tax loss in a later income year only if it is a PDF throughout the later income year.

195‑10  PDF cannot transfer