Income tax: sale and leasebacks
Please note that the PDF version is the authorised version of this withdrawal notice.This document has changed over time. View its history.
FOI status:may be released
Notice of Withdrawal
1. Taxation Ruling TR 95/30 deals with the tax consequences arising in respect of a sale and leaseback arrangement, according to the depreciation provisions contained in the Income Tax Assessment Act 1936.
2. These provisions were rewritten in 1997 as part of the Tax Law Improvement Project. The depreciation provisions were replaced by Division 42 of the Income Tax Assessment Act 1997 (ITAA 1997). From 1 July 2001, Division 42 was replaced by Division 40 of the ITAA 1997.
3. In addition, tax practitioner bodies thought the content of TR 95/30 needed to be updated, following judgments handed down in two Full Federal Court cases in 2001. The Tax Office undertook to review the content of the Ruling.
4. The Tax Office's publication of TR 2006/13 and the accompanying withdrawal of TR 95/30 represent the culmination of that review.
Commissioner of Taxation
1 November 2006
See Eastern Nitrogen Ltd v. Commissioner of Taxation (2001) 188 ALR 415; (2001) 2001 ATC 4164; (2001) 46 ATR 474 and Commissioner of Taxation v. Metal Manufactures Ltd (2001) 182 ALR 98; (2001) 2001 ATC 4152; (2001) 46 ATR 497.
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