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This edited version has been archived due to the length of time since original publication.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

Authorisation Number: 1012680287767

Ruling

Subject: Depreciation

Question

Are you entitled to a deduction for the full depreciable cost of your light commercial vehicle?

Answer

Yes.

This ruling applies for the following periods:

Year ended 30 June 2014

The scheme commenced on

1 July 2013

Relevant facts and circumstances

You purchased a six seater 2.5 to 2.7 tonnes load capacity light commercial vehicle.

You use this vehicle 100% for business purposes.

Relevant legislative provisions

Income Tax Assessment Act 1997 section 8-1

Income Tax Assessment Act 1997 section 40-230

Income Tax Assessment Act 1997 section 995-1

Reasons for decision

Section 40-230 of the Income Tax Assessment Act 1997 (ITAA 1997) details when the car limit applies to a motor vehicle:

    The first element of the cost of a car designed mainly for carrying passengers (after applying section 40-225 and Subdivision 27-B) is reduced to the car limit for the financial year in which you started to hold it if its cost exceeds that limit.

Car is defined in section 995-1 of the ITAA 1997 as:

    motor vehicle (except a motor cycle or similar vehicle) that is designed to carry a load of less than 1 tonne and fewer than 9 passengers and motor vehicle is also defined in section 995-1 as any motor powered road vehicle (including a 4 wheel drive vehicle).

In your case, from the description provided, the motor vehicle you purchased is not a car for the purposes of section 40-230 of the ITAA 1997 and therefore the car limit does not apply when calculating depreciation for the motor vehicle.