Document ID: chunk:federal_register_of_legislation:C2004C00958:clause:1_10:p4
Version: federal_register_of_legislation:C2004C00958
Segment Type: clause
Provision Reference: sch 1 cl 10 (pt 4/4)
Character Range: 640186–642872

Your expenditure if you bought only part of another item
Item                                                      If:                                                                                                                                                                    The comparison amounts are:
  1                                                       the item was only a percentage interest of another item of *intellectual property owned by the entity                                                                  (a) the item's market value when you *acquired it; and

                                                                                                                                                                                                                                 (b) that percentage of the entity's *expenditure on the other item
  2                                                       the item is a licence and the entity was, immediately before you *acquired the item, the owner of another item of *intellectual property to which the licence relates  (a) the licence's market value when you *acquired it; and

                                                                                                                                                                                                                                 (b) so much of the entity's *expenditure on the other item as is reasonably attributable to the licence

Note: If that entity had owned the other item since before the 1998‑99 income year: see section 373‑100 of the Income Tax (Transitional Provisions) Act 1997.

373‑105  Some cases where the item is a percentage interest of another item, or is a licence

 (1) If:

 (a) you would otherwise work out your *expenditure on the item under Case 5 or 6 in the table in section 373‑30; and

 (b) the item was only a percentage interest of another item of *intellectual property owned by the entity from which you *acquired the item;

your expenditure on the item is instead that percentage of the expenditure worked out under that Case.

 (2) If:

 (a) the item is a licence; and

 (b) you would otherwise work out your *expenditure on it under Case 5 in the table in section 373‑30; and

 (c) immediately before you *acquired it, the entity from which you acquired it was the owner of another item of *intellectual property to which the licence relates;

your expenditure on the item is instead so much of that entity's *unrecouped expenditure on the item (immediately before disposing of it to you) as is reasonably attributable to the licence.

[The next Division is Division 375.]