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This edited version has been archived due to the length of time since original publication.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

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Edited version of your private ruling

Authorisation Number: 1012586778781

Ruling

Subject: Deductions in relation to construction expenditure

The Commissioner was asked to rule on the following question:

As a result of the entering into the assignment deed during the 2011 year, is the trust entitled to claim deductions pursuant to Division 43 of the Income Tax Assessment Act 1997 (ITAA 1997) in respect of construction expenditure on the facility capital works incurred after 26 February 1992 by the company?

The Commissioner ruled:

Yes. As a result of the entering into the assignment deed during the 2011 year, the trust is entitled to claim deductions pursuant to Division 43 of the Income Tax Assessment Act 1997 (ITAA 1997) in respect of construction expenditure on the facility capital works incurred after 26 February 1992 by the company.