Document ID: chunk:federal_register_of_legislation:C2004A02157:body:0:p8
Version: federal_register_of_legislation:C2004A02157
Segment Type: other
Provision Reference: 
Character Range: 16614–19210

the formula , where—
        A is the amount that, for the purposes of sub-section (1), would be the relevant amount in relation to the eligible expenditure if that relevant amount were calculated in accordance with sub-sections (2) and (3);
        B is the amount of the qualifying eligible expenditure;
        C is the amount of the eligible expenditure; and
        D is the amount that, for the purposes of sub-section (1), would be the relevant amount in relation to the eligible expenditure if that relevant amount were calculated in accordance with sub-sections (4) and (5).
    "(6b) For the purposes of sub-section (6a), a unit of property or a part of a unit of property shall be taken to have been positioned for use as at 3 June 1979 if, and only if—
        (a) in a case where the unit of property, when it was first used or installed ready for use as mentioned in sub-section (1), was permanently located in a fixed position—the unit of property or the part of the unit of property, as the case may be, was, as at 3 June 1979, permanently located in that position; and
        (b) in any other case—the unit of property or the part of the unit of property, as the case may be, was, as at 3 June 1979, located at the place, on the premises or in the position at which the unit of property was first used or installed ready for use as mentioned in sub-section (1).".

Interpretation
7. Section 82kh of the Principal Act is amended by inserting after sub-section (1b) the following sub-section:
"(1ba) In the application of sub-section (1b) in determining whether there is a tax saving amount in relation to an amount of eligible relevant expenditure incurred by a taxpayer in a case where, if a deduction or deductions were allowable in respect of that eligible relevant expenditure, a person (whether the taxpayer or another person and whether in the capacity of a trustee of a trust estate or otherwise) would be deemed, for the purposes of section 80 or 80aa, to have incurred a loss or a part of a loss in a year of income that the person would not be deemed to have incurred in that year of income if a deduction were not allowable in respect of any part of" that eligible relevant expenditure, sections 80 and 80aa shall be applied on the basis that the amount of eligible relevant expenditure is an amount of relevant expenditure but is not an amount of eligible relevant expenditure.".

Deductions in respect of Income Equalization Deposits
8. (1) Section 159gc of the Principal Act is amended—
     (a) by omitting from sub-section (4) "40 per centum" (wherever occurring)