Document ID: chunk:federal_register_of_legislation:C2025C00014:section:82kzl:p2
Version: federal_register_of_legislation:C2025C00014
Segment Type: section
Provision Reference: s 82KZL (pt 2/2)
Character Range: 541218–543395

some or all of the excess over an agreed amount.
pre‑RBT obligation means a contractual obligation that:
 (a) exists under an agreement at or before 11.45 am (by legal time in the Australian Capital Territory) on 21 September 1999; and
 (b) requires the payment of an amount for the doing of a thing under the agreement; and
 (c) requires the payment to be made before the doing of the thing; and
 (d) cannot be escaped by unilateral action by the party bound by the obligation to make the payment.
R&D activities has the same meaning as in the Income Tax Assessment Act 1997.
transfer includes assign.
 (2) Without otherwise limiting the generality of references in this Subdivision to expenditure being incurred under an agreement in return for the doing of a thing under the agreement:
 (a) where expenditure incurred under an agreement consists of a payment of loan interest or a payment of a similar kind, the expenditure shall, for the purposes of this Subdivision, be taken to be incurred in return for the making available or continued making available, as the case requires, of the loan principal, or other amount of a similar kind, under the agreement during the period to which the payment relates; and
 (b) where expenditure incurred under an agreement consists of a payment of rent, a lease payment or a payment of a similar kind, the expenditure shall, for the purposes of this Subdivision, be taken to be incurred in return for the making available or continued making available, as the case requires, of the thing rented or leased, or other thing of a similar kind, under the agreement during the period to which the payment relates; and
 (c) where expenditure incurred under an agreement consists of a payment of an insurance premium or a payment of a similar kind, the expenditure shall, for the purposes of this Subdivision, be taken to be incurred in return for the provision or continued provision, as the case requires, of insurance against the risk concerned, or of a thing of a similar kind, under the agreement during the period to which the payment relates.
 (3) This Subdivision has effect as if conducting R&D activities were carrying on a business.