CHAPTER 3
-
SPECIALIST LIABILITY RULES
PART 3-45
-
RULES FOR PARTICULAR INDUSTRIES AND OCCUPATIONS
Division 328
-
Small business entities
History
Div 328 (heading) substituted by
No 80 of 2007
, s 3 and Sch 3 item 1, applicable in relation to the 2007-08 income year and later income years. The heading formerly read:
Division 328
-
STS taxpayers
Div 328 inserted by No 78 of 2001.
Subdivision 328-D
-
Capital allowances for small business entities
History
Subdiv 328-D (heading) substituted by
No 80 of 2007
, s 3 and Sch 3 item 3, applicable in relation to the 2007-08 income year and later income years. The heading formerly read:
Subdivision 328-D
-
Capital allowances for STS taxpayers
Subdiv 328-D inserted by No 78 of 2001.
Operative provisions
SECTION 328-195
Opening pool balance
328-195(1)
For the first income year for which you are a *small business entity and choose to use this Subdivision, the
opening pool balance
of your *general small business pool is the sum of the
*
taxable purpose proportions of the
*
adjustable values of
*
depreciating assets allocated to the pool under subsection
328-185(3)
.
History
S 328-195(1) amended by No 23 of 2012, s 3 and Sch 2 item 30, by substituting
"
your *general small business pool
"
for
"
a pool
"
, applicable in relation to the 2012-13 income year and later income years.
S 328-195(1) amended by
No 80 of 2007
, s 3 and Sch 3 item 34, by substituting
"
you are a *small business entity and choose to use this Subdivision
"
for
"
you are an *STS taxpayer
"
, applicable in relation to the 2007-08 income year and later income years.
328-195(2)
For a later income year, the
opening pool balance
of your *general small business pool is that pool's
*
closing pool balance for the previous income year, reduced or increased by any adjustment required under section
328-225
(about change in the business use of an asset).
Note:
You continue to deduct amounts using your general small business pool even if you are not a small business entity, or do not choose to use this Subdivision, for a later income year: see section
328-220
.
History
S 328-195(2) amended by No 23 of 2012, s 3 and Sch 2 items 30
-
31, by substituting
"
your *general small business pool
"
for
"
a pool
"
, and substituting
"
general small business pool
"
for
"
small business pools
"
in the note at the end, applicable in relation to the 2012-13 income year and later income years.
S 328-195(2) amended by
No 80 of 2007
, s 3 and Sch 3 item 35, by substituting the note, applicable in relation to the 2007-08 income year and later income years. The note formerly read:
Note:
You continue to deduct amounts using your STS pools after you leave the STS: see section
328-220
.
328-195(3)
However, if:
(a)
you are not a *small business entity for an income year or you do not choose to use this Subdivision for that year; but
(b)
you are a small business entity for a later income year and you choose to use this Subdivision for the later year;
the
opening pool balance
of your *general small business pool includes the sum of the *taxable purpose proportions of the *adjustable values of *depreciating assets allocated to the pool under subsection
328-185(3)
for that year
.
History
S 328-195(3) amended by No 23 of 2012, s 3 and Sch 2 item 32, by substituting
"
your *general small business pool
"
for
"
a pool
"
, applicable in relation to the 2012-13 income year and later income years.
S 328-195(3) substituted by
No 80 of 2007
, s 3 and Sch 3 item 36, applicable in relation to the 2007-08 income year and later income years. S 328-195(3) formerly read:
328-195(3)
However, if you stop being an
*
STS taxpayer and again become one for an income year, the
opening pool balance
of a pool includes the sum of the
*
taxable purpose proportions of the
*
adjustable values of
*
depreciating assets allocated to the pool under subsection
328-185(3)
for that year.
S 328-195 inserted by No 78 of 2001.