Taxation Determination

TD 95/25W

Income tax: is a hearse a motor car or a station wagon for the purposes of section 57AF of the Income Tax Assessment Act 1936 and therefore subject to the limit on cost price for depreciation?

• Please note that the PDF version is the authorised version of this withdrawal notice.
  This Determination has been replaced by TD 2006/D10.
  This document has changed over time. View its history.

FOI status:

may be releasedFOI number: I 1015912

Notice of Withdrawal

Taxation Determination TD 95/25 is withdrawn with effect from today.

1. Taxation Determination TD 95/25, which issued on 22 June 1995, deals with the cost of a hearse for depreciation purposes and the application of the motor vehicle depreciation limit.

2. From 1 July 2001, the concept of depreciation for plant has been replaced with the concept of decline in value for depreciating assets (which includes plant), as set out in Division 40 of the Income Tax Assessment Act 1997 (ITAA 1997).

3. As Taxation Determination TD 95/25 is no longer current, it is accordingly withdrawn.

4. The Determination is replaced by Draft Taxation Determination TD 2006/D10, which issues today. TD 2006/D10 considers whether a hearse is 'a car designed mainly for carrying passengers' for the purposes of section 40-230 of the ITAA 1997 and therefore subject to the car limit.

Commissioner of Taxation
1 March 2006

Previously issued as Draft TD 94/D102

References

ATO references:
NO PUL A857; NAT 94/6061-6

Related Rulings/Determinations:

MT 2033

Subject References:
allowable deductions;
depreciation;
depreciation limit;
hearse;
motor vehicles

Legislative References:
ITAA 57AF;
ITAA 57AF(1);
ITAA 57AF(1)(b);
ITAA 57AG(1);
82AF(2)

Case References:
Case Z25
92 ATC 247

Case 8063
(1992) 23 ATR 1211