Document ID: chunk:federal_register_of_legislation:C2005C00282:clause:2_73bm:p2
Version: federal_register_of_legislation:C2005C00282
Segment Type: clause
Provision Reference: sch 2 cl 73BM (pt 2/3)
Character Range: 30271–32884

means the sum of all notional Division 42 deductions that were multiplied by 1.25 in working out the deductions mentioned in paragraph (1)(b) for the unit of section 73BH plant.

total decline in value means the cost of the unit of section 73BH plant, less its undeducted cost, just before the balancing adjustment event, where that cost and undeducted cost are the amounts taken into account in applying Subdivision 42‑F of the Income Tax Assessment Act 1997 in accordance with paragraph (1)(d) for the purpose of working out the deduction allowable to the eligible company, or the amount included in the eligible company's assessable income, under subsection (1) for the unit.

Assessability of amounts received in respect of results etc. of research and development activities

 (4) Subject to subsections (5) and (6), if:
 (a) an eligible company has incurred any expenditure in respect of which:
 (i) a deduction under section 73BH has been allowed or is allowable to the company; or
 (ii) in the case of a company whose income was exempt from tax when the expenditure was incurred—a deduction under section 73BH would have been allowable if the company's income had not been so exempt from tax; and
 (b) the eligible company receives or is entitled to receive:
 (i) an amount in respect of the results of any of the research and development activities in relation to which the expenditure was incurred; or
 (ii) an amount attributable to the company having incurred the expenditure, including an amount that it is entitled to receive irrespective of the results of the activities;
that amount is included in the company's assessable income of the year of income in which the company received or became entitled to receive it.

 (5) The reference in subsection (4) to a company receiving or being entitled to receive an amount in respect of the results of any research and development activities includes a reference to:
 (a) the company receiving or being entitled to receive an amount from the grant of access to, or the grant of a right to use, any of those results; and
 (b) the company receiving or being entitled to receive an amount from the disposal of, or of an interest in, any section 73BH plant or from the grant of a right to use any section 73BH plant where, as a result of the disposal or grant, another person has acquired a right of access to, or a right to use, any of those results;
but does not include a reference to the company receiving or being entitled to receive an amount in consequence of the use by the company of any of those results.

 (6) If a company receives or is entitled