Document ID: chunk:federal_register_of_legislation:C2004A00445:clause:1_7:p3
Version: federal_register_of_legislation:C2004A00445
Segment Type: clause
Provision Reference: sch 1 cl 7 (pt 3/3)
Character Range: 43138–44928

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, compare your *expenditure, worked out using the applicable case, with:
 (a) that entity's *unrecouped expenditure just before the assignment; and
 (b) the spectrum licence's market value when it was assigned to you.

 (3) On the other hand, if you hold the spectrum licence as a result of the entity assigning to you only part of a spectrum licence held by the entity, compare your *expenditure, worked out using the applicable case, with:
 (a) so much of that entity's *unrecouped expenditure just before the assignment as is reasonably attributable to the part assigned to you; and
 (b) the part's market value when it was assigned to you.

 (4) If your *expenditure incurred in obtaining the *spectrum licence, worked out using the applicable case, is more than either of the amounts that you compare it with under subsection (2) or (3), your expenditure is instead taken to be the lesser of those amounts.

380‑115  Assignment of part of a spectrum licence for no consideration

  If:
 (a) you would otherwise work out your *expenditure incurred in obtaining a *spectrum licence under Case 6 in the table in subsection 380‑25(2); and
 (b) you hold the spectrum licence as a result of an entity assigning to you only part of a spectrum licence held by the entity;
your expenditure incurred in obtaining the spectrum licence is instead so much of that entity's *unrecouped expenditure, just before assigning the part to you, as is reasonably attributable to that part.

[The next Division is Division 385.]

Part 2—Consequential amendments

Income Tax Assessment Act 1936