INCOME TAX ASSESSMENT ACT 1936 (ARCHIVE)

PART III - LIABILITY TO TAXATION  

Division 17 - Rebates  

Subdivision AAD - Heritage conservation rebate  

SECTION 159UA   159UA   OUTLINE OF SUBDIVISION  
The following is a simplified outline of this Subdivision:


A: General
1. The Subdivision provides for rebates of tax for approved expenditure on certain conservation work on heritage listed buildings and structures. The expenditure must be at least $5,000. The entitlement to the rebate is set out in section 159UQ (taxpayers other than partnerships or trustees), section 159UR (partnerships), section 159US (trust estates) and section 159UT (corporate unit trusts and public trading trusts).
2. The Subdivision also contains a provision (subsection 159UU(1)) ensuring that deductions are not obtained for amounts for which there is an entitlement to a rebate.
3. Obtaining a rebate is a 2 step process.
B: Step 1 - provisional certificate
1. The taxpayer applies for a provisional certificate (section 159UG).
2. The Minister then determines whether a provisional certificate is to be issued to the taxpayer and, if it is, issues the certificate (sections 159UJ and 159UK). The certificate specifies the maximum amount of expenditure that will be eligible for a rebate. In making his or her decision, the Minister will take into account criteria and procedures that he or she issues (sections 159UF and 159UJ).
3. The total of the amounts specified in certificates that the Minister approves in a financial year is not to exceed a limit set by the Minister (section 159UD). As a result, not all applications that may otherwise have been approved will be able to be approved, and some taxpayers may get approval for only part of the expenditure that they will incur.
C: Step 2 - final certificate
1. When a taxpayer who has been issued with a provisional certificate finishes the work, the taxpayer may apply for a final certificate (section 159UM). The work must be completed, and the final certificate applied for, while the provisional certificate is in force.
2. If the work is to the standard specified in the provisional certificate (section 159UO) and the expenditure is at least $5,000 (section 159UM), the taxpayer will be issued with a final certificate.


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