ATO Interpretative Decision
ATO ID 2004/242 (Withdrawn)
Income Tax
Interest deduction: purchase of a motor vehicle costing more than the cost limit for depreciation purposes - log book methodFOI status: may be released
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This ATO ID is withdrawn from the database as it is a straight application of the law in section 28-90 of the Income Tax Assessment Act 1997 and does not contain an interpretative decision.This document incorporates revisions made since original publication. View its history and amending notices, if applicable.
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you will need to ensure that the relevant provisions referred to in the decision have not been amended or repealed.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
Can a taxpayer, who uses the 'log book' method under Subdivision 28-F of the Income Tax Assessment Act 1997 (ITAA 1997) to calculate their car expense deduction, include the full amount of interest incurred on a loan to purchase a car, the cost of which exceeds the car limit set under section 40-230 of the ITAA 1997?
Decision
Yes. A taxpayer, who uses the 'log book' method under Subdivision 28- F of the ITAA 1997 to calculate their car expense deduction, can include the full amount of interest on a loan to purchase a car, the cost of which exceeds the car limit set under section 40-230 of the ITAA 1997.
Facts
The taxpayer requires a car to earn their assessable income.
They purchased a car for $95,000.
They borrowed $80,000 to purchase the vehicle.
The car is not used for private purposes.
The taxpayer wants to use the 'log book' method to calculate their car expense deduction.
Reasons for Decision
Division 28 of the ITAA 1997 sets out 4 methods of calculating the deduction under section 8-1 of the ITAA 1997 for car expenses.
One of these methods is the 'log book' method. This allows a taxpayer to claim a deduction for the business use percentage of their actual car expenses.
A car expense is defined in subsection 28-13(1) of the ITAA 1997 as a loss or outgoing to do with a car and includes interest paid on a loan used to purchase a car.
Under subsection 28-90(2) of the ITAA 1997, the car expense must qualify as a deduction under some provision of the ITAA 1997, other than Division 28. If only part of the expense qualifies for a deduction, then only the business use percentage of that part will be deductible.
Interest on an amount borrowed to purchase a car that is used in the production of the taxpayer's assessable income would be an allowable deduction under section 8-1 of the ITAA 1997.
Section 40-230 of the ITAA 1997 places a limit on the first element of the cost of a car for the purposes of claiming a deduction for depreciation, but it has no application to section 8-1 of the ITAA 1997. As such, it cannot be applied to limit the amount of deduction allowable under section 8-1 of the ITAA 1997 for interest paid.
As such, under section 28-90 of the ITAA 1997 the taxpayer is entitled to claim the business use percentage of their actual car expenses as a deduction.
Date of decision: 13 February 2004Year of income: Year ended 30 June 2003
Legislative References:
Income Tax Assessment Act 1997
section 8-1
Division 28
Subdivision 28-F
subsection 28-13(1)
section 28-90
subsection 28-90(2)
section 40-230
ATO ID 2004/241
Keywords
Car expenses
Interest expenses
Motor vehicle depreciation limits
Motor vehicle expenses
ISSN: 1445-2782
| Date: | Version: | |
| 13 February 2004 | Original statement | |
| You are here | 25 July 2008 | Archived |