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Under a lease agreement between the State Government and Roulette Ltd for the establishment of a casino at Kingaroy (Queensland) in an old government building,

Under a lease agreement between the State Government and Roulette Ltd for the establishment of a casino at Kingaroy (Queensland) in an old government building, the following payments are made by Roulette Ltd to the State Government:

  • A initial once only lump sum premium payment of $65,000,000 for the grant of the casino licence and the lease;
  • An annual rental fee of $1,000,000 per annum over the term of the lease; and
  • A special rental of $5,000,000 per annum for the first ten years of the lease agreement in recognition of an exclusivity arrangement where the State Government agreed not grant another casino licence within 200 kilometres of Kingaroy to another entity within the first ten years of the lease.

In relation to the above facts which one of the following statements is true?

Roulette Ltd is likely to be entitled to an immediate deduction under section 8-1 ITAA97 for the lump-sum premium payment and the annual rental fee.

Pursuant to the decision in Jupiters Limited v Deputy Commissioner of Taxation [2002] FCAFC 206, Roulette Ltd would not be able to claim an immediate deduction each year for the special rental of $5,000,000 per annum.

Roulette Ltd is likely to be entitled to an immediate deduction under section 8-1 ITAA97 for the lump-sum premium payment.

Pursuant to the decision in Jupiters Limited v Deputy Commissioner of Taxation [2002] FCAFC 206, Roulette Ltd would be able to claim an immediate deduction each year for the special rental of $5,000,000 per annum.

Roulette Ltd would not be entitled to an immediate deduction each year for the annual rental fee.

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