Taxation Laws Amendment Act (No. 1) 1999 (16 of 1999)

Schedule 7   Deductible expenditure and CGT cost bases

Part 2   Amendment of the Income Tax Assessment Act 1997

11   At the end of Subdivision 110-A

Add:

What does not form part of the cost base

110-40 Assets acquired before 7.30 pm on 13 May 1997

(1) This section prevents some expenditure from forming part of the *cost base of a *CGT asset *acquired at or before 7.30 pm, by legal time in the Australian Capital Territory, on 13 May 1997. (The expenditure mentioned in this section can include giving property: see section 103-5.)

For the cost base of a partnership interest you acquire at or before that time, see section 110-43.

For an extension of the application of this section, see subsection 110-53(3).

(2) Expenditure does not form part of the second or third element of the cost base to the extent that you have deducted or can deduct it.

(3) Expenditure does not form part of any element of the cost base to the extent of any amount you have received as *recoupment of it, except so far as the amount is included in your assessable income.

110-43 Partnership interests acquired before 7.30 pm on 13 May 1997

(1) This section prevents some expenditure from forming part of the *cost base of your interest in a *CGT asset of a partnership if you *acquired the interest at or before 7.30 pm, by legal time in the Australian Capital Territory, on 13 May 1997. (The expenditure mentioned in this section can include giving property: see section 103-5.)

For an extension of the application of this section, see subsection 110-53(3).

(2) Expenditure does not form part of the second or third element of the cost base to the extent that you, or a partnership in which you are or were a partner, have deducted or can deduct it.

(3) Expenditure does not form part of any element of the cost base to the extent of any amount that you, or a partnership in which you are or were a partner, have received as *recoupment of the expenditure, except so far as the amount is included in your assessable income or the partnership's assessable income.

110-45 Assets acquired after 7.30 pm on 13 May 1997

(1) This section prevents some expenditure from forming part of the *cost base of a *CGT asset *acquired after 7.30 pm, by legal time in the Australian Capital Territory, on 13 May 1997. (The expenditure mentioned in this section can include giving property: see section 103-5.)

For the cost base of interests in partnership assets acquired after that time, see section 110-50.

For exceptions to the application of this section, see section 110-53.

Deductible expenditure

(2) Expenditure does not form part of the cost base to the extent that you have deducted or can deduct it for an income year, except so far as:

(a) the deduction has been reversed by an amount being included in your assessable income for an income year by a provision of this Act (outside this Part and Part 3-3); or

Note: Division 20 contains some of the provisions that reverse deductions. Section 20-5 lists some others.

(b) the deduction would have been so reversed apart from a provision listed in the table (relief from including a balancing charge in your assessable income).

Note: In the table, provisions of the Income Tax Assessment Act 1997 are identified in normal text. The other provisions, in bold , are provisions of the Income Tax Assessment Act 1936.

_________________________________________________________________________________ Provisions for relief from including a balancing charge in your assessable income _________________________________________________________________________________ Item Provision Subject matter _________________________________________________________________________________ 1 Subdivision 41-A Common rule 1-roll-over relief for related entities --------------------------------------------------------------------------------- 2 section 42-285 or 42-290 Depreciation of *plant --------------------------------------------------------------------------------- 3 section 58 Depreciation of plant --------------------------------------------------------------------------------- 4 subsection 59(2A) or (2D) Depreciation of plant --------------------------------------------------------------------------------- 5 section 73E Research and development activity expenditure --------------------------------------------------------------------------------- 6 section 122JAA General mining expenditure --------------------------------------------------------------------------------- 7 section 122JG Quarrying expenditure --------------------------------------------------------------------------------- 8 section 123BBA Expenditure on transport of minerals --------------------------------------------------------------------------------- 9 section 123BF Expenditure on transport of quarry materials --------------------------------------------------------------------------------- 10 section 124AMAA Expenditure on prospecting and mining for petroleum --------------------------------------------------------------------------------- 11 section 124GA Expenditure on forestry roads --------------------------------------------------------------------------------- 12 section 124JD Expenditure on timber mill buildings --------------------------------------------------------------------------------- 13 section 124PA Expenditure on industrial property _________________________________________________________________________________

Recouped expenditure

(3) Expenditure does not form part of the cost base to the extent of any amount you have received as *recoupment of it, except so far as the amount is included in your assessable income.

Capital expenditure by previous owner that you can deduct after acquisition

(4) The cost base is reduced to the extent that you have deducted or can deduct for an income year capital expenditure incurred by another entity in respect of the *CGT asset. (This rule does not apply so far as the deduction is covered by paragraph (2)(a) or (b).)

Example: Under Division 43 you can deduct expenditure incurred by a previous owner of capital works you own.

Landcare and water facility expenditure giving rise to a tax offset

(5) Expenditure does not form part of the cost base to the extent that you choose a *tax offset for it under section 388-55 (about the landcare and water facility tax offset) instead of deducting it.

Heritage conservation expenditure giving rise to a tax offset

(6) Expenditure does not form part of the cost base to the extent that:

(a) it is eligible heritage conservation expenditure (as determined under section 159UO of the Income Tax Assessment Act 1936); and

(b) you could have deducted it for an income year under any of these Divisions (about capital works):

(i) Division 43 of this Act;

(ii) Division 10C or 10D of Part III of that Act;

but for the exclusions in paragraph 43-70(2)(h) of this Act and subsections 124ZB(4) and 124ZG(5) of that Act.

Note: Because eligible heritage conservation expenditure is the subject of a tax offset, it is also not deductible.

110-50 Partnership interests acquired after 7.30 pm on 13 May 1997

(1) This section prevents some expenditure from forming part of the *cost base of your interest in a *CGT asset of a partnership if you *acquired the interest after 7.30 pm, by legal time in the Australian Capital Territory, on 13 May 1997. (The expenditure mentioned in this section can include giving property: see section 103-5.)

For exceptions to the application of this section, see section 110-53.

Deductible expenditure

(2) Expenditure does not form part of the cost base to the extent that you, or a partnership in which you are or were a partner, have deducted or can deduct it for an income year, except so far as:

(a) the deduction has been reversed by an amount being included in your assessable income for an income year, or in the assessable income of a partnership in which you are or were a partner, by a provision of this Act (outside this Part and Part 3-3); or

Note: Division 20 contains some of the provisions that reverse deductions. Section 20-5 lists some others.

(b) the deduction would have been so reversed apart from a provision listed in the table in subsection 110-45(2) (relief from including a balancing charge in your assessable income).

Recouped expenditure

(3) Expenditure does not form part of the cost base to the extent of any amount that you, or a partnership in which you are or were a partner, have received as *recoupment of it, except so far as the amount is included in your assessable income or the partnership's assessable income.

Capital expenditure by previous owner of the asset

(4) The cost base is reduced to the extent that you, or a partnership in which you are or were a partner, have deducted or can deduct for an income year capital expenditure incurred by another entity in respect of the *CGT asset. (This rule does not apply so far as the deduction is covered by paragraph (2)(a) or (b).)

Example: Under Division 43 an entity can deduct expenditure incurred by a previous owner of capital works that the entity owns.

Landcare and water facility expenditure giving rise to a tax offset

(5) Expenditure does not form part of the cost base to the extent that you choose a *tax offset for it under section 388-55 (about the landcare and water facility tax offset) instead of deducting it.

Heritage conservation expenditure giving rise to a tax offset

(6) Expenditure does not form part of the cost base to the extent that:

(a) it is eligible heritage conservation expenditure (as determined under section 159UO of the Income Tax Assessment Act 1936); and

(b) you, or a partnership in which you are or were a partner, could have deducted it for an income year under any of these Divisions (about capital works):

(i) Division 43 of this Act;

(ii) Division 10C or 10D of Part III of that Act;

but for the exclusions in paragraph 43-70(2)(h) of this Act and subsections 124ZB(4) and 124ZG(5) of that Act.

Note: Because eligible heritage conservation expenditure is the subject of a tax offset, it is also not deductible.

110-53 Exceptions to application of sections 110-40 and 110-50

(1) Subsection 110-45(2), (4), (5) or (6) or 110-50(2), (4), (5) or (6) does not prevent expenditure from forming part of the first, fourth or fifth element of the cost base to the extent that the deduction mentioned in that subsection could reasonably be regarded as arising before 7.30 pm, by legal time in the Australian Capital Territory, on 13 May 1997, or as relating to a period before that time.

(2) Subsections 110-45(5) and (6) and 110-50(5) and (6) do not apply to expenditure incurred before the day on which the Bill that became the Taxation Laws Amendment Act (No. 1) 1999 was introduced into the House of Representatives.

Special rule for the period from 7.30 pm on 13 May 1997 to 30 June 1999

(3) If:

(a) an entity *acquired land or a building (the original asset ) at or before 7.30 pm, by legal time in the Australian Capital Territory, on 13 May 1997; and

(b) after that time but before 1 July 1999, the entity *acquires a *CGT asset (the separate asset ) that section 160P of the Income Tax Assessment Act 1936 would have treated as a separate CGT asset from the original asset;

section 110-40 or 110-43 (as appropriate) applies (instead of section 110-45 or 110-50) to expenditure incurred before 1 July 1999 in respect of the separate asset.