Document ID: chunk:federal_register_of_legislation:C2004A00445:clause:1_7:p2
Version: federal_register_of_legislation:C2004A00445
Segment Type: clause
Provision Reference: sch 1 cl 7 (pt 2/3)
Character Range: 40539–43349

respect of the spectrum licence;
is taken to have been included by that section in the assessable income of the transferee for that income year.

 (5) The obligation in subsection 41‑50(4) applies to the transferee as if the period for keeping the notice referred to in that subsection were until the end of 5 years after the next *balancing adjustment event occurs for the *spectrum licence.

 (6) The obligation in subsection 41‑55(5) applies to the transferee as if the period for keeping the election referred to in that subsection or a copy of it were until the end of 5 years after the next *balancing adjustment event occurs for the *spectrum licence.

Subdivision 380‑F—Adjustments affecting your deductions under this Division

Table of sections

Increasing your unrecouped expenditure

380‑105 Variation of spectrum licence to increase spectrum

Adjusting your expenditure on the spectrum licence

380‑110 Spectrum licence acquired in a non‑arm's length transaction
380‑115 Assignment of part of a spectrum licence for no consideration

Increasing your unrecouped expenditure

380‑105  Variation of spectrum licence to increase spectrum

 (1) This section applies if a *spectrum licence is varied to increase the *part of the *spectrum specified in it.

 (2) Your *unrecouped expenditure on the varied *spectrum licence is increased, at the time of the variation, by:
 (a) the amount of capital expenditure you incurred in obtaining the additional part of the *spectrum; or
 (b) if the spectrum licence is varied to *replace some or all of an *old spectrum licence—the amount in subsection 380‑65(3) if that subsection applies to the old spectrum licence, reduced by the amount (if any) you can deduct under subsection 380‑65(6).

Note: If subsection 380‑65(3) does not apply to the old spectrum licence, your unrecouped expenditure is not increased at all.

 (3) However, if:
 (a) an entity assigned the additional *part of the *spectrum to you and you were not dealing with each other at *arm's length; and
 (b) the consideration for the assignment is greater than the additional part's market value when it was assigned to you;
your *unrecouped expenditure is instead only increased by that market value.

Adjusting your expenditure on the spectrum licence

380‑110  Spectrum licence acquired in a non‑arm's length transaction

 (1) Your *expenditure incurred in obtaining a *spectrum licence may be adjusted as set out in this section if:
 (a) your expenditure would otherwise be worked out using Case 4 or 5 in the table in subsection 380‑25(2); and
 (b) you and the entity that assigned to you the spectrum licence did not deal with each other at *arm's length.

 (2) If you hold the spectrum licence as a result of the entity assigning to you all of a spectrum licence held by the entity,