Income Tax Assessment Act 1997



Division 28 - Car expenses  

Subdivision 28-J - Situations where you cannot use, or do not need to use, one of the 2 methods  

Operative provisions

SECTION 28-170   Exception for particular cars used in particular ways  


For particular types of *cars used in particular ways you don ' t need to use one of the 2 methods to calculate your deductions for *car expenses.


You may use one of the 2 methods, or you may instead calculate the deductions under the normal principles governing deductions, including the rules for apportioning a loss or outgoing that is only partly attributable to producing assessable income.


This section applies if, whenever you used the *car in the income year:

(a) the car was covered by the description in column 2 of an item in the table below; and

(b) you used the car as described in column 3 of that item.

Item Column 2
Particular car
Column 3
Exempt use
1. The *car was: You used the car only in one or more of the following ways:
(a) a panel van or utility truck; or (a) in the course of producing your assessable income;
(b) any other road vehicle designed to carry a load of less than 1 tonne (other than a vehicle designed principally to carry passengers); or (b) to go between your residence and a place where you use the car in the course of producing your assessable income;
(c) a taxi. (c) by providing the car to someone else to drive between his or her residence and a place where the car is used in the course of producing your assessable income;
(d) for the purpose of travel that is incidental to using the car in the course of producing your assessable income;
(e) for your own or someone else's private use that was minor, infrequent and irregular.
2. The *car was part of the *trading stock of a *business of selling cars that you carried on. You used the car in the course of the business.
3. The *car was any type of car. You let the car on lease or hire in the course of a *business of letting cars on lease or hire that you carry on.
4. The *car was any type of car. As an employer, you provided the car for the exclusive use of one or more of the following:
(a) your employees;
(b) their *relatives;
in circumstances where one or more of them was entitled to use the car for private purposes.
Note: This Subdivision also applies to entities that are not employers, but pay (or are liable to pay) withholding payments covered by subsection 28-185(3).


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