Taxation Determination

TD 92/139W

Income tax: would the discretion in subsection 51AD(9) of the Income Tax Assessment Act 1936 be exercised where property is leased to a tax exempt body on commercial terms that would be available to non-exempt lessees, or where the lease is a genuine operating lease?

• Please note that the PDF version is the authorised version of this withdrawal notice.
  This Determination has been replaced by TR 96/22
  This document incorporates revisions made since original publication. View its history and amending notices, if applicable.

FOI status:

Notice of Withdrawal

Taxation Determination TD 92/139 has been withdrawn.

It was replaced by Taxation Ruling TR 96/22 which was issued on 31 July 1996.

Commissioner of Taxation
31 July 1996

References

ATO references:
NO Public Infrastructure Unit; PIU DTD 92/03

Subject References:
Commissioner's discretion
exempt entity
finance arrangements
leasing
non-recourse debt

Legislative References:
ITAA 51AD(8)
ITAA 51AD(9)