Income Tax Assessment Act 1997

CHAPTER 2 - LIABILITY RULES OF GENERAL APPLICATION

PART 2-10 - CAPITAL ALLOWANCES: RULES ABOUT DEDUCTIBILITY OF CAPITAL EXPENDITURE

Division 43 - Deductions for capital works

Subdivision 43-E - Special rules about uses

Operative provisions

SECTION 43-170 Own use - capital works other than hotel and apartment buildings

43-170(1)
A part of capital works, other than a ^* hotel building or an ^* apartment building, is taken not to be used for the ^* purpose of producing assessable income if that part is for use mainly for, or in association with, residential accommodation by you or an ^* associate.

Note:

This subsection affects Tables 43-140 and 43-145 .

43-170(2)
Subsection (1) does not apply to use by an ^* associate under an ^* arrangement:

(a) to which you and the associate are parties; and

(b) that is of a kind that the parties could reasonably be expected to have entered into if they had been dealing with each other at *arm's length; and

View history reference

(c) that was not entered into for the purpose of obtaining a deduction under this Division.

View history note

43-170(3)
If property that constitutes the whole or part of capital works, other than a ^* hotel building or an ^* apartment building, is part of an individual's home, the property is taken to be used, or for use, wholly or mainly for or in association with residential accommodation.

Note:

This subsection affects Tables 43-90 and 43-140 .

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