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Income Tax Assessment Act 1997
25‑120 Transitional—deduction for paymen25‑120 Transitional—deduction for payment of rent from land investment by operating entity to asset entity
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#### 25‑120 Transitional—deduction for payment of rent from land investment by operating entity to asset entity
(1) This section applies if the requirements in subsection 12‑440(1) or (2) in Schedule 1 to the Taxation Administration Act 1953 are satisfied in relation to a \*cross staple arrangement.
(2) An entity that is an \*operating entity in relation to the \*cross staple arrangement can deduct, for an income year, an amount of \*rent from land investment if:
(a) another entity derives or receives the amount from the operating entity at a time that:
(i) is in the income year; and
(ii) is on or after 27 March 2018; and
(iii) meets the requirements in subsection 12‑440(4) of Schedule 1 to the Taxation Administration Act 1953; and
(b) the other entity is an \*asset entity in relation to the cross staple arrangement; and
(c) apart from this subsection, the operating entity could otherwise deduct the amount under this Act; and
(d) the amount is \*excepted MIT CSA income of the asset entity for the income year.
(3) If the \*asset entity is not a \*managed investment trust in relation to the income year, for the purposes of paragraph (2)(d), treat it as a managed investment trust in relation to the income year.