Income Tax Assessment Act 1997

CHAPTER 2 - LIABILITY RULES OF GENERAL APPLICATION  

PART 2-5 - RULES ABOUT DEDUCTIBILITY OF PARTICULAR KINDS OF AMOUNTS  

Division 28 - Car expenses  

Subdivision 28-J - Situations where you cannot use, or do not need to use, one of the 2 methods  

Operative provisions

SECTION 28-165   Exception for particular cars taken on hire  

28-165(1)    

For particular types of ^* cars taken on hire you cannot use one of the 2 methods to calculate your deductions for *car expenses.

28-165(2)    
Instead, you must calculate the deductions under the normal principles governing deductions, including the rules for apportioning a loss or outgoing that is only partly attributable to producing assessable income.

28-165(3)    
This section applies to a taxi taken on hire.

28-165(4)    
It also applies to a *motor vehicle taken on hire under an agreement of a kind ordinarily entered into by people who take motor vehicles on hire intermittently, as the occasion requires, on an hourly, daily, weekly or short term basis, except if the motor vehicle:

(a) has been taken on hire under successive agreements of a kind that result in substantial continuity of the motor vehicle being taken on hire; or

(b) it is reasonable to expect that the motor vehicle will be taken on hire under successive agreements of a kind that will so result.