Taxation Laws Amendment Act (No. 2) 1999 (93 of 1999)
Schedule 3 Depreciation of plant previously owned by an exempt entity
Part 1 Income Tax Assessment Act 1997
12 At the end of section 330-375
Add:
(4) Transport capital expenditure also does not include expenditure on*plant to which Subdivision 58-B or 58-C applies.
(5) Transport capital expenditure also does not include expenditure on*plant if:
(a) at any time a*transition entity or a purchaser from a*tax exempt vendor had been the owner or a*quasi-owner of the plant; and
(b) Subdivision 58-B or 58-C had applied to the plant at that time; and
(c) either of the following subparagraphs applies:
(i) the transferor was the transition entity or the purchaser from the tax exempt vendor and Common rule 1 applied to your acquisition of the plant;
(ii) the transferor was not the transition entity or the purchaser from the tax exempt vendor and Common rule 1 applied to your acquisition of the plant and all earlier successive acquisitions of the plant by entities that acquired it from, or became the owners or quasi-owners of it after it was acquired from, the transition entity or the purchaser from the tax exempt vendor.