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Income tax: property development: are tender costs incurred by an unsuccessful tenderer deductible under subsection 51(1) of the Income Tax Assessment Act 1936?

Yes. Tender costs are deductible under subsection 51(1) if an unsuccessful tenderer is in business, where tender costs are incidental and relevant to that business (per Ronpibon Tin v FCT (1949) 78 CLR 47 and Charles Moore & Co. (W.A.) Pty Ltd v FCT (1956) 11 ATD 147).

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