INCOME TAX ASSESSMENT ACT 1936 (ARCHIVE)
PART III
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LIABILITY TO TAXATION
Division 10F
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Deduction for capital expenditure incurred in establishing horticultural plants
Subdivision I
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Interpretation
SECTION 124ZZQ
OWNER INCLUDES LESSEE OR LICENSEE
124ZZQ(1)
Crown lease.
(a) a taxpayer is the lessee of land under a Crown lease (within the meaning of section 54AA ); and
(b) a plant is affixed to the land; and
(c) the taxpayer or another entity planted the plant; and
(d) apart from this section, the taxpayer is not the owner of the plant; and
(e) the Crown lease enables the taxpayer to carry on a business of horticulture on the land; and
(f) if there is a holder of a lesser interest or licence in relation to the land - the holder does not carry on a business of horticulture on the land;
(a) a taxpayer is the lessee of land under a lease other than a Crown lease (within the meaning of section 54AA ); and
(b) a plant is affixed to the land; and
(c) the taxpayer or another entity planted the plant; and
(d) apart from this section, the taxpayer is not the owner of the plant; and
(e) the lease enables the taxpayer to carry on a business of horticulture on the land; and
(f) if there is a holder of a lesser interest or licence in relation to the land - the holder does not carry on a business of horticulture on the land;
(a) a taxpayer holds a licence in relation to land; and
(b) a plant is affixed to the land; and
(c) the taxpayer or another entity planted the plant; and
(d) apart from this section, the taxpayer is not the owner of the plant; and
(e) the licence enables the taxpayer to carry on a business of horticulture on the land;
View history note
Hide history noteFor the purposes of this Division, if:
(a) a taxpayer is the lessee of land under a Crown lease (within the meaning of section 54AA ); and
(b) a plant is affixed to the land; and
(c) the taxpayer or another entity planted the plant; and
(d) apart from this section, the taxpayer is not the owner of the plant; and
(e) the Crown lease enables the taxpayer to carry on a business of horticulture on the land; and
(f) if there is a holder of a lesser interest or licence in relation to the land - the holder does not carry on a business of horticulture on the land;
the taxpayer is taken to be the owner of the plant instead of any other entity.
124ZZQ(2) Ordinary lease.For the purposes of this Division, if:
(a) a taxpayer is the lessee of land under a lease other than a Crown lease (within the meaning of section 54AA ); and
(b) a plant is affixed to the land; and
(c) the taxpayer or another entity planted the plant; and
(d) apart from this section, the taxpayer is not the owner of the plant; and
(e) the lease enables the taxpayer to carry on a business of horticulture on the land; and
(f) if there is a holder of a lesser interest or licence in relation to the land - the holder does not carry on a business of horticulture on the land;
the taxpayer is taken to be the owner of the plant instead of any other entity.
124ZZQ(3) Licence.For the purposes of this Division, if:
(a) a taxpayer holds a licence in relation to land; and
(b) a plant is affixed to the land; and
(c) the taxpayer or another entity planted the plant; and
(d) apart from this section, the taxpayer is not the owner of the plant; and
(e) the licence enables the taxpayer to carry on a business of horticulture on the land;
the taxpayer is taken to be the owner of the plant instead of any other entity.
124ZZQ(4) Definition.In this section:
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