INCOME TAX ASSESSMENT ACT 1936 (ARCHIVE)

PART III - LIABILITY TO TAXATION  

Division 3 - Deductions  

Subdivision B - Development allowance  

SECTION 82AF   SUBDIVISION NOT TO APPLY TO CERTAIN OTHER PROPERTY  

82AF(1)   [``Household'' property]  

This Subdivision does not apply in relation to -

(a) appliances (including wireless receivers and television receivers and antennae) of a kind ordinarily used for household purposes, other than such appliances that are -

(ia) for use in a business carried on by the taxpayer which consists principally of the provision by the taxpayer of either or both of the following:

(A) entertainment;

(B) accommodation for tourists or travellers; or

(i) for use in a business carried on by the taxpayer a substantial part of which consists of the provision by the taxpayer of accommodation for tourists or travellers; or

(ii) for use in premises used or held for use by the taxpayer principally for the purpose of deriving income in the nature of rent by the provision of accommodation for tourists or travellers; or

(b) furniture and furnishings, light fittings, partitions, fitting rooms, signs (including neon signs), shelving, cupboards, counters, display models, display cases, display stands and articles of a description, or having a use, similar to that of any of those articles, other than articles that are -

(ia) for use in a business carried on by the taxpayer which consists principally of the provision by the taxpayer of either or both of the following:

(A) entertainment;

(B) accommodation for tourists or travellers; or

(i) for use in a business carried on by the taxpayer a substantial part of which consists of the provision by the taxpayer of accommodation for tourists or travellers;

(ii) for use in premises used or held for use by the taxpayer principally for the purpose of deriving income in the nature of rent by the provision of accommodation for tourists or travellers; or

(iii) for use by the taxpayer principally for the purpose of providing clothing cupboards, first-aid or rest-room facilities, or meals or facilities for meals, for persons employed by the taxpayer in a business carried on by him or for the care of children of those persons.

82AF(2)   [Other property]  

This Subdivision does not apply in relation to -

(a) motor vehicles (including vehicles known as four wheel drive vehicles) that are:

(i) motor cars, station wagons, panel vans, utility trucks or similar vehicles, other than panel vans or utility trucks designed to carry loads of 1 tonne or more;

(ii) motor cycles or similar vehicles; or

(iii) other road vehicles designed to carry loads of less than 1 tonne or fewer than 9 passengers;

(b) articles being, or being reproductions of, paintings, sculptures, drawings, engravings or photographs, or articles of a description, or having a use, similar to that of any of those articles;

(c) books;

(d) films, tapes, discs or other similar devices in which images or sounds are, or information is, stored or that are designed to be used for the storage of images, sounds or information;

(e) musical instruments and equipment for use in conjunction with musical instruments;

(f) (Omitted by No 159 of 1980)

(g) (Omitted by No 107 of 1989)

(h) (Omitted by No 98 of 1992)

(j) wearing apparel (other than wearing apparel designed principally for protective purposes) and accessories to such apparel; or

(k) aircraft; or

(l) ships other than ships covered by any of the following subparagraphs:

(i) ships that are:

(A) capable of navigating the high seas; and

(B) registered under the Shipping Registration Act 1981 ; and

(C) wholly and exclusively for use in trade or commerce within Australia;

(ii) ships that are:

(A) incapable of navigating the high seas; and

(B) wholly and exclusively for use in trade or commerce within Australia;

(iii) ships that are off-shore industry vessels, or off-shore industry mobile units, within the meaning of the Navigation Act 1912.

82AF(3)   [Leased property]  

Except in a case to which subsection 82AB(7) applies, this Subdivision does not apply in relation to property leased by a leasing company as mentioned in paragraph 82AA(1)(b) if, before the property was so leased, it was used by the leasing company or by any other person.

82AF(3A)    

82AF(4)   [Acquired property]  

This Subdivision does not apply in relation to property acquired by a taxpayer from another person, being property that was not trading stock of that other person, if that other person acquired the property under a contract entered into before 27 February 1992 or commenced construction of the property before that date.