ATO Interpretative Decision
ATO ID 2003/220
Income Tax
Capital Allowances: first element of cost (no amount paid) - amalgamation of incorporated associationsFOI status: may be released
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This ATOID provides you with the following level of protection:
If you reasonably apply this decision in good faith to your own circumstances (which are not materially different from those described in the decision), and the decision is later found to be incorrect you will not be liable to pay any penalty or interest. However, you will be required to pay any underpaid tax (or repay any over-claimed credit, grant or benefit), provided the time limits under the law allow it. If you do intend to apply this decision to your own circumstances, you will need to ensure that the relevant provisions referred to in the decision have not been amended or repealed. You may wish to obtain further advice from the Tax Office or from a professional adviser.
Issue
Is the amount taken to have been paid under Item 1 of the table in paragraph 40-185(1)(b) of the Income Tax Assessment Act 1997 (ITAA 1997) nil if, on the amalgamation of two existing incorporated associations into one new incorporated association under the Associations Incorporation Act 1981 (Qld) (AIA (Qld)), no amount is paid by the new association for the transfer of the old associations' assets to it?
Decision
Yes. The amount taken to have been paid under Item 1 of the table in paragraph 40-185(1)(b) of the ITAA 1997 is nil if no amount is paid by the new association for the transfer of the old associations' depreciating assets to it. However, other items in the table in paragraph 40-185(1)(b) of the ITAA 1997 may also apply.
Facts
A and B are unrelated incorporated associations under the AIA (Qld).
A and B amalgamated under Part 9, Division 2 of the AIA (Qld) to form C, a new and legally separate incorporated association. A certificate of incorporation issued to C as a result of the amalgamation.
The members of both A and B agreed to amalgamate from a certain date and to adopt their existing respective associations' common rules and constitution for C.
The members of A and B also agreed to transfer or donate their respective associations' assets to C.
Reasons for Decision
Section 79 of the AIA (Qld) defines an 'old association' to be an incorporated association that with one or other incorporated associations apply to form a new association. A 'new association' is defined in section 79 of the AIA (Qld) to be an incorporated association that is incorporated as a result of an application to amalgamate by at least two old associations. The legislation governing the amalgamation of associations does not provide for the continuation of the amalgamating entities (that is, A and B) within the form of the new entity (that is, C). The amalgamation is effected by the incorporation of a new association.
The amalgamation of A and B to form C causes a balancing adjustment event to occur under paragraph 40-295(1)(a) of the ITAA 1997 for the depreciating assets held by A and B. The amalgamation also has the effect that C starts to hold the assets as the new owner of them (Item 10 of the table in section 40-40 of the ITAA 1997).
The first element of cost of a depreciating asset is worked out as at the time when the asset starts to be held. In certain circumstances, the cost is the amount specified in section 40-180 of the ITAA 1997. Otherwise, the cost is worked out under section 40-185 of the ITAA 1997 (subsection 40-180(1) of the ITAA 1997).
As no item in the table in subsection 40-180(2) of the ITAA 1997 applies, the cost is worked out under section 40-185 of the ITAA 1997. The cost under section 40-185 of the ITAA 1997 is taken to be the greater of the sum of the applicable amounts set out in paragraphs 40-185(1)(a) or (b) of the ITAA 1997. Item 1 of the table in paragraph 40-185(1)(b) of the ITAA 1997 includes in cost an amount paid to hold a depreciating asset.
Section 86 of the AIA (Qld) provides that upon the incorporation of a new association as a result of the amalgamation of old associations, the assets and liabilities of the old associations become the assets and liabilities of the new association. This means that no amount is paid by C for the transfer of the depreciating assets from A and B.
As no amount is paid by C to hold the assets, the cost under Item 1 of the table in paragraph 40-185(1)(b) of the ITAA 1997 is nil. However, Item 2 of the table in paragraph 40-185(1)(b) of the ITAA 1997 may apply.
Date of decision: 20 December 2002Year of income: Year ended 30 June 2002
Legislative References:
Income Tax Assessment Act 1997
section 40-40
section 40-180
subsection 40-180(1)
subsection 40-180(2)
section 40-185
paragraph 40-185(1)(a)
paragraph 40-185(1)(b)
paragraph 40-295(1)(a)
Part 9, Division 2
section 79
section 86 Related ATO Interpretative Decisions
ATO ID 2003/218
ATO ID 2003/219
ATO ID 2003/221
Keywords
Balancing adjustment event
Capital allowances CoE
Depreciating assets
First element of cost
Uniform capital allowance system
ISSN: 1445-2782
| Date: | Version: | |
| You are here | 20 December 2002 | Original statement |
| 1 April 2016 | Updated statement |