ATO Interpretative Decision
ATO ID 2004/582
Income Tax
Capital Allowances: project pools - project amount - environmental assessmentsFOI status: may be released
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you will need to ensure that the relevant provisions referred to in the decision have not been amended or repealed.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
Was the taxpayer's expenditure an amount incurred for environmental assessments for the project they proposed to carry on within subparagraph 40-840(2)(d)(iv) of the Income Tax Assessment Act 1997 (ITAA 1997)?
Decision
Yes. The taxpayer's expenditure was an amount incurred for environmental assessments for their project within subparagraph 40-840(2)(d)(iv) of the ITAA 1997.
Facts
The taxpayer had identified with some certainty a project that they proposed to carry on for a taxable purpose for a determinate period. The taxpayer was required to lodge environmental assessment reports with a development permit application to the local government authority for approval to proceed with their project. Reports to the local government were required for noise, ecological and traffic assessments, soil testing, and stormwater management.
The taxpayer incurred capital expenditure in engaging external specialists to conduct the studies and produce these reports for the project.
Reasons for Decision
Broadly, section 40-830 of the ITAA 1997 allows a deduction over the project life of a project for project amounts allocated to a project pool.
To be a 'project amount' within subsection 40-840(2) of the ITAA 1997, an amount must be capital expenditure which, in addition to satisfying paragraphs 40-840(2)(a) to 40-840(2)(c) of the ITAA 1997, is one of the amounts specified in subparagraphs 40-840(2)(d)(i) to 40-840(2)(d)(vii) of the ITAA 1997. The amount specified in subparagraph 40-840(2)(d)(iv) of the ITAA 1997 is an amount incurred for environmental assessments for the project.
An environmental assessment is the undertaking of a study, the preparing or obtaining of a report or other documentation, or the carrying out of any other activity for the purpose of assessing the impact or likely impact of the project on the environment. For these purposes, the meaning of environment is not limited to the natural environment.
The works commissioned by the taxpayer are environmental assessments as the works were commissioned to assess the impacts or likely impacts of their project on the environment. It follows that each amount incurred is a 'project amount' under subparagraph 40-840(2)(d)(iv) of the ITAA 1997.
Date of decision: 1 June 2004Year of income: Year ended 30 June 2002
Legislative References:
Income Tax Assessment Act 1997
section 40-830
subsection 40-840(2)
paragraph 40-840(2)(d)
subparagraph 40-840(2)(d)(iv)
ATO ID 2004/580
ATO ID 2004/581
ATO ID 2004/583
Keywords
Capital Allowances CoE
Project amount
Project pool
Uniform capital allowances system
ISSN: 1445-2782