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Jim and Ted have been operating competing cafs in the same small town. They have both formed the view that there are not enough customers
Jim and Ted have been operating competing cafs in the same small town. They have both formed the view that there are not enough customers to make both businesses viable and Jim offers Ted a lump sum payment of $100,000 for Ted's agreement to close his caf and not operate another one within 250 kilometres from the town for four years. Jim and Ted agree to these terms and Jim pays Ted $100,000 on 28 June of the current income year. In relation to the above, which statement is correct? a. The payment is assessable to Ted under s 6-5 ITAA97 as one-off restrictive covenant payments are usually capital in nature. b. The payment can be claimed by Jim as a deduction under s 8-1 ITAA97 as it was incurred in the current tax year. c. The payment can be claimed by Jim as a deduction as per the decision in Broken Hill Theatres v FCT 85 CLR 423. d. The payment can be claimed by Ted as a deduction as per the decision in Broken Hill Theatres v FCT 85 CLR 423. e. The payment cannot be claimed by Jim as a deduction as per the decision in Broken Hill Theatres v FCT 85 CLR 423
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