INCOME TAX ASSESSMENT ACT 1936 (ARCHIVE)

PART III - LIABILITY TO TAXATION  

Division 3 - Deductions  

Subdivision B - Development allowance  

SECTION 82AE   82AE   SUBDIVISION NOT TO APPLY TO CERTAIN STRUCTURAL IMPROVEMENTS  
This Subdivision does not apply in relation to structural improvements other than -


(aa) structural improvements that, apart from section 45-40 of the Income Tax Assessment Act 1997 , are plant within the meaning of that Act; or


(a) plumbing fixtures and fittings to which subsection (2) of the definition of plant in section 45-40 of the Income Tax Assessment Act 1997 applies; or


(b) structural improvements of the following kinds that are on land used for the purpose of carrying on a business of primary production:


(i) fences to exclude live stock from areas affected by soil erosion, where the purpose of excluding the live stock is to prevent or limit any extension or aggravation of soil erosion in those areas and to assist in the reclamation of those areas;

(ii) fences enclosing or partly enclosing areas affected by naturally occurring deposits of mineral salt;

(iii) fences to subdivide the land for the purpose of carrying on primary production on the land, other than boundary fences, fences enclosing yards or fences along public roads, public stock routes or other public rights of way;

(iv) structural improvements for the purpose of conserving water for use in carrying on primary production on the land (including dams, earth tanks, underground tanks, concrete tanks and stands for tanks), irrigation channels or similar improvements for the purpose of conveying water for such use and bores or wells for water for such use;

(v) pipes placed underground for the purpose of conveying water for use in carrying on primary production on the land; and

(vi) buildings or other structural improvements for the purpose of the storage of grain, hay or fodder in the course of carrying on primary production on the land.

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