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INCOME TAX ASSESSMENT ACT 1997

CHAPTER 2 - LIABILITY RULES OF GENERAL APPLICATION  

PART 2-10 - CAPITAL ALLOWANCES: RULES ABOUT DEDUCTIBILITY OF CAPITAL EXPENDITURE  

Division 40 - Capital allowances    View history reference

Commissioner ' s Remedial Power

Note: A Commissioner ' s Remedial Power (CRP 2017/2) is relevant to this part of the tax law. Taxation Administration (Remedial Power - Small Business Restructure Roll-over) Determination 2017 (F2017L01687) modifies the operation of s 40-340 of the Income Tax Assessment Act 1997 and any other provisions of a taxation law whose operation is affected by the modified operation of s 40-340 in relation to an asset transferred under a small business restructure roll-over (item 8 of the table in s 40-340(1) ).

The operation of the relevant provisions is modified as follows:

If s 40-340 of ITAA 1997 provides for rollover relief in relation to a disposal of a depreciating asset because the condition in item 8 of the table in s 40-340(1) of ITAA 1997 is satisfied in relation to the asset, that section has effect as if it also provided that the disposal of the asset has no direct consequences under the income tax law (other than Div 40 of ITAA 1997).

The modification applies in respect of transfers on or after 8 May 2018.

An entity must treat a modification as not applying to it or any other entity if the modification would produce a less favourable result for it. The Commissioner is empowered by s 370-5 of Sch 1 to the Taxation Administration Act 1953 to make modifications, by legislative instrument, to ensure the law is administered to achieve its intended purpose or object.

Subdivision 40-H - Capital expenditure that is immediately deductible    View history reference

Operative provisions

SECTION 40-760  Limits on deductions from environmental protection activities  

 View history reference ITAA 36

Expenditure you cannot deduct

40-760(1)  

You cannot deduct an amount under section 40-755 for an income year for:


(a) expenditure for acquiring land; or


(b) capital expenditure for constructing a building, structure or structural improvement; or


(c) capital expenditure for constructing an extension, alteration or improvement to a building, structure or structural improvement; or


(d) a bond or security (however described) for performing * environmental protection activities; or


(e) expenditure to the extent that you can deduct an amount for it under a provision of this Act outside this Subdivision.

Note:

You may be able to deduct expenditure described in paragraph (1)(b) or (c) under Division 43 (which deals with capital works).

40-760(2)  

In particular, you cannot deduct under section 40-755 expenditure to the extent that you incur it on carrying out an activity for environmental impact assessment of your project.

40-760(3)  

However, a provision of this Act (except Division 8 (which is about deductions)) that expressly prevents or restricts the operation of that Division applies in the same way to section 40-755 .


 



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