Document ID: chunk:federal_register_of_legislation:C2013C00453:clause:1_1:p12
Version: federal_register_of_legislation:C2013C00453
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 12/52)
Character Range: 31901–34662

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, 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 nature of the rights and obligations under the *financial arrangement; and
 (b) the risks associated with each *financial benefit, right and obligation under the arrangement; and
 (c) the time value of money.
 (4) Despite subsection (2), no *financial benefit that you have provided, or are to provide, under the *financial arrangement is to be attributed to the benefit or right referred to in paragraph (1)(a) or (b) if:
 (a) you are working out the amount of a gain or loss for the purposes of Subdivision 230‑B; and
 (b) the gain or loss is not an overall gain or loss from the arrangement (within the meaning of that Subdivision) at the time when you start to have the arrangement; and
 (c) the benefit