Taxation Determination

TD 93/126A1 - Addendum

Income tax: once commissioned plant has been handed over to its owner, is the expenditure incurred by a company in bringing the said plant into a fully operational state, deductible under subsection 51(1) of the Income Tax Assessment Act 1936?

Addendum

This Addendum amends Taxation Determination TD 93/126 to reflect the changes to the law caused by the repeal of inoperative provisions.

TD 93/126 is amended as follows:

1. Heading

Omit 'subsection 51(1) of the Income Tax Assessment Act 1936.'; substitute 'section 8-1 of the Income Tax Assessment Act 1997?'.

2. Paragraph 1

Omit 'subsection 51(1)'; substitute 'section 8-1 of the Income Tax Assessment Act 1997 (ITAA 1997)'.

3. Paragraph 4

Omit 'subsection 54(1)'; substitute 'section 40-25 of the ITAA 1997'.

4. Legislative References

Omit the references; insert:

ITAA 1997 8-1; ITAA 1997 40-25

This Addendum applies on and from 14 September 2006.

Commissioner of Taxation
10 March 2010

References

ATO references:
NO 2006/20258

ISSN: 1038-8982