ATO Interpretative Decision

ATO ID 2004/481 (Withdrawn)

Income Tax

Simplified Tax System: is a farm shed allocated to either a long life or general STS pool?
FOI status: may be released

This ATO ID is withdrawn from the database because it contains a view in respect of a provision of the Income Tax Assessment Act 1997 that doesn't apply after the 2006-07 income year. Despite its withdrawal from the database, this ATO ID continues to be a precedential view in respect of decisions for income years up to, and including, the 2006-07 income year.

This document incorporates revisions made since original publication. View its history and amending notices, if applicable.

Status of this decision: Decision Withdrawn 30 November 2007

CAUTION: This is an edited and summarised record of a Tax Office decision. This record is not published as a form of advice. It is being made available for your inspection to meet FOI requirements, because it may be used by an officer in making another decision.

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you will need to ensure that the relevant provisions referred to in the decision have not been amended or repealed.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 an STS taxpayer who builds a farm shed on pastoral land pool the construction expenditure in an STS pool?

Decision

Yes. An STS taxpayer who builds a farm shed on pastoral land can pool the construction expenditure in an STS pool.

Facts

A taxpayer operates a farming business activity. The taxpayer incurs expenditure in constructing a shed used solely in the farming activity. The taxpayer has elected to be an STS taxpayer for the financial year. The taxpayer has constructed the shed on the land that is being used for the farming operation.

Reasons for Decision

An STS taxpayer who holds a depreciating asset and uses it, or has it ready for use, for a taxable purpose in an income year will calculate deductions for the decline in value under Subdivision 328-D of the Income Tax Assessment Act 1997 (ITAA 1997) rather than under Division 40 of the ITAA 1997.

Subsection 328-175(2) of the ITAA 1997 states that Subdivision 328-D of the ITAA 1997 will not apply where section 40-45 of the ITAA 1997 operates to make a capital work deductible under Division 43 of the ITAA 1997 rather than under Division 40.

Subsection 40-45(2) of the ITAA 1997 ensures that depreciating assets that are capital works are not deductible under both Division 40 and 43 of the ITAA 1997. It does this by excluding from Division 40 those capital works for which an amount can, or could be deducted under Division 43.

Section 43-10 of the ITAA 1997 provides a deduction for certain 'construction expenditure' incurred in respect of the construction of capital works such as buildings or structural improvements, including any extensions, alterations, or improvements to buildings or structural improvements.

Subsection 43-70(1) of the ITAA 1997 defines 'construction expenditure' as capital expenditure incurred in respect of the construction of capital works. However, paragraph 43-70(2)(e) of the ITAA 1997 specifically excludes expenditure on 'plant' from being construction expenditure. As a result no deduction is allowed for such expenditure under Division 43 of the ITAA 1997.

Paragraph 45-40(1)(c) of the ITAA 1997 extends the meaning of 'plant' to include structural improvements on land used for agricultural or pastoral operations other than those used for domestic or residential purposes.

In this case the farm shed is a structural improvement according to ordinary concepts and is constructed on land used for agricultural or pastoral operations, but not for domestic and residential purposes. The farm shed meets the extended definition of 'plant' in paragraph 45-40(1)(c) of the ITAA 1997 (see Willeroo & Manbulloo Ltd v. Federal Commissioner of Taxation (1964) 111 CLR 336; 13 ATD 356; (1964) 9 AITR 424). As this is the case, the expenditure on constructing the farm shed will be excluded from the definition of construction expenditure for the purposes of Division 43 of the ITAA 1997.

It follows that the farm shed is not a capital work to which Division 43 of the ITAA 1997 applies. This means section 40-45 of the ITAA 1997 does not apply to the expense on a farm shed, and the decline in value of the depreciating asset (the farm shed) is deductible under Division 40 of the ITAA 1997.

As the taxpayer is an STS taxpayer however, they will not claim a deduction under Division 40 of the ITAA 1997, but will calculate their deduction as per Subdivision 328-D of the ITAA 1997. The STS taxpayer will allocate the depreciating asset to an STS pool (as per section 328-185 of the ITAA 1997).

Date of decision: 22 April 2004

Year of income: Year ended 30 June 2004

Legislative References:
Income Tax Assessment Act 1997
   section 40-45
   section 40-30
   section 328-175
   section 43-70
   section 43-10
   section 43-85

Case References:
Willeroo & Manbulloo Ltd v. Federal Commissioner of Taxation
   (1964) 111 CLR 336
    (1964) 13 A.T.D. 356
   (1964) 9 AITR 424

Related ATO Interpretative Decisions
ATO ID 2003/490
ATO ID 2002/626

Keywords
Capital allowances for STS taxpayers
Depreciating assets
Fixture on land
Improvement to land
Simplified tax system

Business Line: Business and Personal Taxes Centre of Expertise

Date of publication: 11 June 2004

ISSN: 1445-2782

history

	Date:	Version:
	22 April 2004	Original statement
You are here →	30 November 2007	Archived

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