Section 681DJ — Income Tax Act 2007: Apportionment of payments made and of sums obtained

Apportionment of payments made and of sums obtained 681DJ 1 This section applies for the purposes of this Chapter.

2 Subsection (3) applies if—

a a payment is made, b it is one for which a deduction by way of relevant tax relief is allowed, and c it is made by persons carrying on a trade or profession in partnership.

3 The payment must be apportioned in a manner which is just and reasonable.

4 Subsection (5) applies if—

a a sum is obtained in respect of an interest in an asset, b the sum is obtained by persons carrying on a trade or profession in partnership, and c the asset is and continues to be used for the purposes of the trade or profession.

5 The sum must be apportioned between the partners in the shares in which they are entitled to the profits of the trade or profession at the time the sum is obtained.

6 Subsection (7) applies if—

a a sum is obtained in respect of an interest in an asset, and b the sum is obtained by persons jointly entitled to the interest.

7 The sum must be apportioned according to their respective rights in the interest.

8 Subsections (6) and (7) are subject to subsections (4) and (5).