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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 43 - Deductions for capital works  

Subdivision 43-D - Deductible uses of capital works  

Operative provisions

SECTION 43-145  

43-145  Using your area in the 4% manner  

 ITAA 36
You use a part of *your area in the 4% manner if you use it as described in the following Table. The relevant use depends on the time when the capital works began (Column 1) and the type of capital works (Column 2). Column 3 sets out the use.

TABLE 43-145 - Use in the 4% manner

Column 1Column 2Column 3
Date capital works beginType of capital worksUse of a part of *your area at some time in the income year
Time period 1: After 30/6/97Capital works that are buildingsYou use the part of *your area for the *purpose of producing assessable income and:
  (a)that part is used by any entity wholly or mainly to operate a hotel, motel or guest house; and
  (b)that hotel, motel or guest house has at least 10 bedrooms that are used or available for use wholly to provide short-term accommodation for travellers.
  You use the part of *your area for the *purpose of producing assessable income and:
  (a)that part is, is part of or contains an apartment, unit or flat that is used or available for use by any entity wholly to provide short-term accommodation for travellers, and you own or lease at least 9 other apartments, units or flats in the building that are used or available for use by any entity wholly to provide short-term accommodation for travellers; or
  (b)that part is, is part of or contains a facility that is used or available for use by any entity wholly or mainly in association with providing short-term accommodation for travellers in apartments, units or flats in the building that are used in the way described in paragraph (a).
  You use the part of *your area for the *purpose of producing assessable income, and that part is used by any entity:
  (a)wholly or mainly for *industrial activities; or
  (b)to provide meal rooms, rest rooms, first aid rooms, change rooms or similar facilities that are wholly or mainly for use by:
   (i)workers employed wholly or mainly to undertake the work directly involved in carrying out industrial activities; or
   (ii)the immediate supervisors of those workers; or
  (c)wholly or mainly as office accommodation for the immediate supervisors of those workers.
Time period 2: 27/2/92 to 30/6/97 (inclusive)*Hotel buildingYou use the part of *your area for the *purpose of producing assessable income and:
  (a)that part is used by any entity wholly or mainly to operate a hotel, motel or guest house; and
  (b)that hotel, motel or guest house has at least 10 bedrooms that are used or available for use wholly to provide short-term accommodation for travellers.
 *Apartment buildingYou use the part of *your area for the *purpose of producing assessable income and:
  (a)that part is, is part of or contains an apartment, unit or flat that is used or available for use by any entity wholly to provide short-term accommodation for travellers, and you own or lease at least 9 other apartments, units or flats in the building that are used or available for use by any entity wholly to provide short-term accommodation for travellers; or
  (b)that part is, is part of or contains a facility that is used or available for use by any entity wholly or mainly in association with providing short-term accommodation for travellers in apartments, units or flats in the building that are used in the way described in paragraph (a).
 Other buildingsYou use the part of *your area for the *purpose of producing assessable income, and that part is used by any entity:
  (a)wholly or mainly for *industrial activities; or
  (b)to provide meal rooms, rest rooms, first aid rooms, change rooms or similar facilities that are wholly or mainly for use by:
   (i)workers employed wholly or mainly to undertake the work directly involved in carrying out industrial activities; or
   (ii)the immediate supervisors of those workers; or
  (c)wholly or mainly as office accommodation for the immediate supervisors of those workers.

Note:

There are special rules that explain or qualify the uses described in Column 3 of this Table. These rules are set out in Subdivision 43-E (sections 43-155 to 43-195). For example:

· Your area is taken to be used, for use or available for use for a purpose or in a way if it is maintained ready for use for that purpose or in that way. See section 43-160.
· A suite of rooms in a hotel building may be treated as one bedroom, see subsection 43-180(2).

 



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