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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

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

Operative provisions

SECTION 40-730  Deduction for expenditure on exploration or prospecting  

 View history reference ITAA 36

40-730(1)  

 View history reference
You can deduct expenditure you incur in an income year on *exploration or prospecting for *minerals, or quarry materials, obtainable by *mining and quarrying operations if, for that expenditure, you satisfy one or more of these paragraphs:


(a) you carried on mining and quarrying operations;
 View history reference


(b) it would be reasonable to conclude you proposed to carry on such operations;


(c) you carried on a *business of, or a business that included, exploration or prospecting for minerals or quarry materials obtainable by such operations, and the expenditure was necessarily incurred in carrying on that business.

Note:

If Division 250 applies to you and an asset that is land:

(a) if section 250-150 applies - you cannot deduct expenditure you incur in relation to the land to the extent specified under subsection 250-150(3); or
(b) otherwise - you cannot deduct such expenditure.

40-730(2)  

However, you cannot deduct expenditure under subsection (1) if it is expenditure on:


(a) development drilling for *petroleum; or


(b) operations in the course of working a mining property, quarrying property or petroleum field.

40-730(2A)  

(Repealed by No 96 of 2014)

40-730(2B)  

(Repealed by No 96 of 2014)

40-730(3)  

 View history reference
Also, you cannot deduct expenditure under subsection (1) to the extent that it forms part of the *cost of a *depreciating asset.

Definitions

40-730(4)  

Exploration or prospecting includes:


(a) for mining in general, and quarrying:


(i) geological mapping, geophysical surveys, systematic search for areas containing *minerals (except *petroleum) or quarry materials, and search by drilling or other means for such minerals or materials within those areas; and

(ii) search for ore within, or near, an ore-body or search for quarry materials by drives, shafts, cross-cuts, winzes, rises and drilling; and


(b) for petroleum mining:

(i) geological, geophysical and geochemical surveys; and

(ii) exploration drilling and appraisal drilling; and
 View history reference


(c) feasibility studies to evaluate the economic feasibility of mining minerals or quarry materials once they have been discovered; and
 View history reference


(d) obtaining *mining, quarrying or prospecting information associated with the search for, and evaluation of, areas containing minerals or quarry materials.
 View history reference


(e) (Repealed by No 96 of 2014)
 View history reference

40-730(5)  

Minerals includes *petroleum.

40-730(6)  

Petroleum means:


(a) any naturally occurring hydrocarbon or naturally occurring mixture of hydrocarbons, whether in a gaseous, liquid or solid state; or


(b) any naturally occurring mixture of:


(i) one or more hydrocarbons, whether in a gaseous, liquid or solid state; and

(ii) one or more of the following: hydrogen sulphide, nitrogen, helium or carbon dioxide;

whether or not that substance has been returned to a natural reservoir.

40-730(7)  

 View history reference
Mining and quarrying operations means:


(a) mining operations on a mining property for extracting *minerals (except *petroleum) from their natural site; or


(b) mining operations for the purpose of obtaining petroleum; or


(c) quarrying operations on a quarrying property for extracting quarry materials from their natural site;

for the *purpose of producing assessable income.

40-730(7A)  

(Repealed by No 96 of 2014)

40-730(7B)  

(Repealed by No 96 of 2014)

40-730(8)  

Mining, quarrying or prospecting information is geological, geophysical or technical information that:


(a) relates to the presence, absence or extent of deposits of *minerals or quarry materials in an area; or


(b) is likely to help in determining the presence, absence or extent of such deposits in an area.

40-730(9)  

(Repealed by No 96 of 2014)


 



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