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Taxation Determination

TD 94/66W


Income tax: if the trustee of a unit trust is 'the owner' of a 'unit of industrial property' (UIP) under Division 10B of Part III of the Income Tax Assessment Act 1936, is a unit holder in that trust entitled to a deduction under Division 10B in respect of that UIP?

Attention This document has changed over time. View its history.


Notice of Withdrawal

Taxation Determination TD 94/66 is withdrawn with effect from today.

1. TD 94/66 explains that a deduction is not available for a unit holder in a unit trust which owns industrial property under Division 10B of Part III of the Income Tax Assessment Act 1936 (ITAA 1936). Only the trustee, as 'the owner' of the UIP, is entitled to a deduction.

2. TD 94/66 is being withdrawn as Division 10B of Part III of the ITAA 1936 has been repealed.

3. TD 94/66 has no ongoing relevance and is therefore withdrawn without replacement.

Commissioner of Taxation

26 April 2017

© AUSTRALIAN TAXATION OFFICE FOR THE COMMONWEALTH OF AUSTRALIA

You are free to copy, adapt, modify, transmit and distribute this material as you wish (but not in any way that suggests the ATO or the Commonwealth endorses you or any of your services or products).

References

ATO references:
NO  1-9N72KXS

ISSN: 2205-6211

Related Rulings/Determinations:
IT 131;
IT 2658;
IT 2671

Subject references:
capital expenditure;
intellectual property;
unit of industrial property;
unit trust

Legislative references:
ITAA Pt III Div 10B;
ITAA 124K;
ITAA 124L;
TAA 14ZAR

Case references:
Charles v. FC of T
(1953-54) 90 CLR 598

TD 94/66 history   Top  
   Date   Version   Change 
   21 July 1994   Original ruling   
 You are here ®  26 April 2017   Withdrawn   


 


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