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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-B - Core provisions    View history reference

Operative provisions

SECTION 40-105  Self-assessing effective life  

 View history reference ITAA 36

40-105(1)  

 View history reference
You work out the effective life of a *depreciating asset yourself in accordance with this section.

40-105(1A)  

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Firstly, estimate the period (in years, including fractions of years) the asset can be used by any entity for one or more of the following purposes:


(a) a *taxable purpose;


(b) the purpose of producing *exempt income or *non-assessable non-exempt income;


(c) the purpose of conducting *R & D activities, assuming that this is reasonably likely.

40-105(1B)  

 View history reference
Secondly, if relevant for the asset:


(a) have regard to the wear and tear you reasonably expect from your expected circumstances of use; and


(b) assume that the asset will be maintained in reasonably good order and condition.

40-105(2)  

 View history reference
If, in working out that period, you decide that the asset would be likely to be:


(a) scrapped; or


(b) sold for no more than scrap value or abandoned;

before the end of that period, its effective life ends at the earlier time. However, when making your decision, disregard reasons attributable to the technical risk in conducting *R & D activities if it is reasonably likely that the asset will be used for such activities.

40-105(3)  

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You work out the period mentioned in subsection (1A) or (2) beginning at the *start time of the *depreciating asset.

Exception: intangibles

40-105(4)  

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This section does not apply to the following intangible *depreciating assets:


(a) assets to which an item in the table in subsection 40-95(7) applies;


(b) *mining, quarrying or prospecting rights;


(c) *mining, quarrying or prospecting information.
 View history reference


 



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