Taxation Laws Amendment Act (No. 2) 1999 (93 of 1999)

Schedule 3   Depreciation of plant previously owned by an exempt entity

Part 1   Income Tax Assessment Act 1997

3   At the end of section 42-190

Add:

(4) The operation of subsection (2) is affected, in relation to certain*plant to which Division 58 applies, by subsections 58-85(7) and (8), 58-145(7) and (8), 58-215(2) and (3) and 58-270(2) and (3).

(5) If a*transition entity or a*tax exempt vendor had at any previous time been the owner or a*quasi-owner of the*plant and either of the following paragraphs applies:

(a) the transferor was the transition entity or the purchaser from the tax exempt vendor and Common rule 1 applied to your acquisition of the plant;

(b) the transferor was not the transition entity or the purchaser from the tax exempt vendor and Common rule 1 applied to:

(i) your acquisition of the plant; and

(ii) all earlier successive acquisitions of the plant by entities that acquired it from, or became the owners or quasi-owners of it after it was acquired from, the transition entity or the purchaser from the tax exempt vendor;

subsection (2) has effect in relation to the plant as if paragraph (a) of that subsection were omitted and replaced by whichever of the paragraphs mentioned in subsections 58-85(7) and (8), 58-145(7) and (8), 58-215(2) and (3) and 58-270(2) and (3) would have applied to the transition entity or the purchaser from the tax exempt vendor, as the case may be.


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).