Disclaimer
This edited version has been archived due to the length of time since original publication. It should not be regarded as indicative of the ATO's current views. The law may have changed since original publication, and views in the edited version may also be affected by subsequent precedents and new approaches to the application of the law.

You cannot rely on this record in your tax affairs. It is not binding and provides you with no protection (including from any underpaid tax, penalty or interest). In addition, this record is not an authority for the purposes of establishing a reasonably arguable position for you to apply to your own circumstances. For more information on the status of edited versions of private advice and reasons we publish them, see PS LA 2008/4.

Edited version of administratively binding advice

Authorisation Number: 1012582312978

Advice

Subject: Capital Allowances and Capital Works

In order to protect the privacy and commercial in-confidence components of this administratively binding advice the following summary is provided.

The parties to the transaction entered into an arrangement whereby depreciating assets and capital works were leased.

The Commissioner advised that:

    · Certain depreciating assets are held by the taxpayer; and

    · Deductions under Division 43 of the Income Tax Assessment Act 1997 can be claimed by the taxpayer in relation to certain capital works.