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This edited version has been archived due to the length of time since original publication.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 your private ruling

Authorisation Number: 1012583573697

Ruling

The Commissioner was asked to rule on the following question:

For the purposes of section 43-120 of the Income Tax Assessment Act 1997 (ITAA 1997), did the company immediately after the termination of the agreement during the 2011 income tax year, continue to lease or hold a quasi-ownership right from an exempt Australian government agency over an area that was part of a construction expenditure area on which the construction of the facility began after 26 February 1992?

The Commissioner ruled:

Yes. For the purposes of section 43-120 of the ITAA 1997, the company immediately after the termination of the agreement during the 2011 income tax year, continued to lease or hold a quasi-ownership right from an exempt Australian government agency over an area that was part of a construction expenditure area on which the construction of the facility began after 26 February 1992.