ATO Interpretative Decision
ATO ID 2003/880
Income Tax
Capital Allowances: mains electricity connection - levy paid for the cost of reinstalling overhead electricity cables underground for a rental propertyFOI status: may be released
This version is no longer current. Please follow this link to view the current version. |
-
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you will need to ensure that the relevant provisions referred to in the decision have not been amended or repealed.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 claim a deduction under section 387-355 of the Income Tax Assessment Act 1997 (ITAA 1997) for a levy paid as a contribution to the cost of reinstalling overhead electricity cables underground for a rental property?
Decision
No. The taxpayer is not entitled to a deduction under section 387-355 of the ITAA 1997 for the levy paid as they do not carry on a business on the land.
Facts
The taxpayer owned a rental property from which assessable income was earned.
The electricity supply to the property was converted from overhead mains to underground power during the 2001 income year through a joint state government and local council project by the installation of underground cables. There was an increase in the amount of electricity transmitted by the relocated cables.
The underground cables were installed largely on council land and owned by the council.
The taxpayer contributed to the cost of reinstalling overhead electricity cables underground by way of a levy.
The tenants were not carrying on a business at the rental property at the time when the taxpayer paid the levy or thereafter.
Reasons for Decision
Section 387-355 of the ITAA 1997 allows a deduction to a taxpayer if:
the taxpayer incurs capital expenditure on connecting power to land or upgrading the connection; and
when the taxpayer incurs the expenditure: the taxpayer has an interest in the land or is a share-farmer carrying on a business on the land; and the taxpayer or another person intends to use some or all of the electricity to be supplied as a result of the expenditure in carrying on a business on the land for the purpose of producing assessable income at a time when the taxpayer has an interest in the land or is a share-farmer carrying on a business on the land.
A deduction for expenditure for connecting power or upgrading the connection is allowable in equal instalments over 10 years. That is, 10 per cent of the expenditure for the income year in which the expenditure is incurred and for each of the next nine income years (subsection 387-355(2) of the ITAA 1997).
For the purposes of Subdivision 387-E of the ITAA 1997, the taxpayer's contribution to the cost of installing and connecting an underground power supply to a rental property owned by the taxpayer is treated in the same way as capital expenditure on connecting power to land (section 387-390 of the ITAA 1997).
Although the taxpayer owned the building and the land to which the power was connected and was deriving assessable income from the rental property on the land, the taxpayer was not carrying on a business but was merely undertaking a passive investment (Taxation Ruling IT 2423). Therefore the taxpayer was not carrying on a business on the land.
As the taxpayer has not satisfied the conditions contained in subsection 387-355(1) of the ITAA 1997 they cannot claim a deduction for the levy paid under subsection 387-355(2) of the ITAA 1997.
Date of decision: 23 September 2003Year of income: Year ended 30 June 2001
Legislative References:
Income Tax Assessment Act 1997
section 387-355
subsection 387-355(1)
subsection 387-355(2)
section 387-390
Related Public Rulings (including Determinations)
Taxation Ruling IT 2423
ATO ID 2003/879
ATO ID 2001/665
Keywords
Capital expenditure
Rental property
ISSN: 1445-2782
| Date: | Version: | |
| You are here | 23 September 2003 | Original statement |
| 9 June 2006 | Archived |
Copyright notice
© Australian Taxation Office for the Commonwealth of Australia
You are free to copy, adapt, modify, transmit and distribute material on this website as you wish (but not in any way that suggests the ATO or the Commonwealth endorses you or any of your services or products).
