INCOME TAX ASSESSMENT ACT 1997

CHAPTER 2 - LIABILITY RULES OF GENERAL APPLICATION  

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

Division 40 - Capital allowances  

Subdivision 40-I - Capital expenditure that is deductible over time  

Operative provisions

SECTION 40-880   Business related costs  

Object

40-880(1)  


The object of this section is to make certain *business capital expenditure deductible over 5 years, or immediately in the case of some start-up expenses for small businesses, if:


(a) the expenditure is not otherwise taken into account; and


(b) a deduction is not denied by some other provision; and


(c) the business is, was or is proposed to be carried on for a *taxable purpose.

Deduction

40-880(2)  
You can deduct, in equal proportions over a period of 5 income years starting in the year in which you incur it, capital expenditure you incur:


(a) in relation to your *business; or


(b) in relation to a business that used to be carried on; or


(c) in relation to a business proposed to be carried on; or


(d) to liquidate or deregister a company of which you were a *member, to wind up a partnership of which you were a partner or to wind up a trust of which you were a beneficiary, that carried on a business.

40-880(2A)  


However, you can deduct the capital expenditure in the income year in which you incur it if:


(a) the expenditure is incurred in relation to a business that is proposed to be carried on; and


(b) the expenditure is incurred:


(i) in obtaining advice or services relating to the proposed structure, or proposed operation of the business; or

(ii) in payment to an *Australian government agency of fees, taxes or charges relating to establishing the business or its operating structure; and


(c) you are a *small business entity for the income year, or both of the following apply:


(i) you are not carrying on a *business in the income year;

(ii) you are not *connected with, or an *affiliate of, another entity that carries on a business in the income year and that is not a small business entity for the income year.
Limitations and exceptions

40-880(3)  


You can only deduct the expenditure, for a *business that you carry on, used to carry on or propose to carry on, to the extent that the business is carried on, was carried on or is proposed to be carried on for a *taxable purpose.

40-880(4)  


You can only deduct the expenditure, for a *business that another entity used to carry on or proposes to carry on, to the extent that:


(a) the business was carried on or is proposed to be carried on for a *taxable purpose; and


(b) the expenditure is in connection with:


(i) your deriving assessable income from the business; and

(ii) the business that was carried on or is proposed to be carried on.

40-880(5)  
You cannot deduct anything under this section for an amount of expenditure you incur to the extent that:


(a) it forms part of the *cost of a *depreciating asset that you *hold, used to hold or will hold; or


(b) you can deduct an amount for it under a provision of this Act other than this section; or


(c) it forms part of the cost of land; or


(d) it is in relation to a lease or other legal or equitable right; or


(e) it would, apart from this section, be taken into account in working out:


(i) a profit that is included in your assessable income (for example, under section 6-5 or 15-15); or

(ii) a loss that you can deduct (for example, under section 8-1 or 25-40); or


(f) it could, apart from this section, be taken into account in working out the amount of a *capital gain or *capital loss from a *CGT event; or


(g) a provision of this Act other than this section would expressly make the expenditure non-deductible if it were not of a capital nature; or


(h) a provision of this Act other than this section expressly prevents the expenditure being taken into account as described in paragraphs (a) to (f) for a reason other than the expenditure being of a capital nature; or


(i) it is expenditure of a private or domestic nature; or


(j) it is incurred in relation to gaining or producing *exempt income or *non-assessable non-exempt income.

40-880(6)  
The exceptions in paragraphs (5)(d) and (f) do not apply to expenditure you incur to preserve (but not enhance) the value of goodwill if the expenditure you incur is in relation to a legal or equitable right and the value to you of the right is solely attributable to the effect that the right has on goodwill.

40-880(7)  


You cannot deduct an amount under paragraph (2)(c) in relation to a *business proposed to be carried on unless, having regard to any relevant circumstances, it is reasonable to conclude that the business is proposed to be carried on within a reasonable time.

40-880(8)  
You cannot deduct anything under this section for an amount of expenditure that, because of a market value substitution rule, was excluded from the *cost of a *depreciating asset or the *cost base or *reduced cost base of a *CGT asset.

40-880(9)  
You cannot deduct anything under this section for an amount of expenditure you incur:


(a) by way of returning an amount you have received (except to the extent that the amount was included in your assessable income or taken into account in working out an amount so included); or


(b) to the extent that, for another entity, the amount is a *return on or of:


(i) an *equity interest; or

(ii) a *debt interest that is an obligation of yours.


View surrounding sectionsView surrounding sectionsBack to top


This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.