Document ID: chunk:federal_register_of_legislation:C2025C00029:section:4:p13
Version: federal_register_of_legislation:C2025C00029
Segment Type: section
Provision Reference: s 4 (pt 13/55)
Character Range: 3830613–3833374

financial benefit.

Financial benefit received under financial arrangement
 (2) You are taken, for the purposes of this Division, to have (or to have had) a right to receive a *financial benefit under a *financial arrangement if:
 (a) you have (or had) a right to receive the financial benefit in relation to the arrangement; and
 (b) the financial benefit would not otherwise be treated as one that you have (or had) a right to receive under the arrangement; and
 (c) the financial benefit plays an integral role in determining:
 (i) whether you make a gain or loss from the arrangement; or
 (ii) the amount of such a gain or loss.
Paragraph (a) applies even if the entity that provides the financial benefit is not a party to the arrangement.
Note: The financial benefits you receive may include, for example, the waiving of an obligation you have to provide a financial benefit.

230‑65  Amount of financial benefit relating to more than one financial arrangement etc.
 (1) This section applies if:
 (a) a *financial benefit plays the integral role mentioned in paragraph 230‑60(1)(c) or (2)(c) in relation to a *financial arrangement; and
 (b) either or both of the following apply:
 (i) the financial benefit plays that role in relation to one or more other financial arrangements;
 (ii) the financial benefit is provided or received for one or more other things that are not financial arrangements.
 (2) For the purposes of this Division, determine the amount of the *financial benefit that plays that role in relation to a particular *financial arrangement by apportioning the actual amount of the financial benefit, on a reasonable basis, between:
 (a) that financial arrangement; and
 (b) each other financial arrangement (if any) in relation to which the benefit plays that role; and
 (c) each other thing (if any) mentioned in subparagraph (1)(b)(ii).

230‑70  Apportionment when financial benefit received or right ceases
 (1) Apply subsection (2) in working out whether you make, or will make, a gain or loss (and the amount of the gain or loss) at a time when:
 (a) you receive a particular *financial benefit under a *financial arrangement; or
 (b) one of your rights under a financial arrangement ceases.
The gain or loss is to be calculated in nominal (and not *present value) terms.
 (2) You must have regard to the extent to which the *financial benefits that you have provided, or are to provide or might provide, under the *financial arrangement are reasonably attributable, at the time mentioned in subsection (1), to the benefit or right referred to in paragraph (1)(a) or (b).
 (3) Any attribution made under subsection (2) must reflect appropriate and commercially accepted valuation principles that properly take into account:
 (a) the