Draft Taxation Determination

TD 93/D79

Income tax: capital gains: does the relocation of a building come within the meaning of 'constructed' in subsection 160P(2) of the Income Tax Assessment Act 1936 ?

  • Please note that the PDF version is the authorised version of this draft ruling.
    This document has been finalised by TD 93/184.

FOI status:

draft only - for comment

Preamble

Draft Taxation Determinations (TDs) present the preliminary, though considered, views of the ATO. Draft TDs may not be relied on; only final TDs are authoritative statements of the ATO.

1. Yes. 'Constructed' includes the process of placing a relocated building onto a block of land and making it functional.

2. This process may entail:

(i)
the 'brick-by-brick' reassembly of a relocated building;
(ii)
site preparation (e.g. clearing and levelling);
(iii)
laying foundations;
(iv)
installing drainage and connecting utilities

Commissioner of Taxation
1 April 1993

References


BO TD/92/0030/PAR (CGTDET 62)

ISSN 1038 - 8982

Related Rulings/Determinations:

TD 93/D75
TD 93/D76
TD 93/D77
TD 93/D78

Subject References:
Meaning of 'constructed'
relocation of a building

Legislative References:
ITAA 160P(2)

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