Disclaimer This edited version has been archived due to the length of time since original publication.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 your written advice
Authorisation Number: 1012781537720
Ruling
Subject: Income tax treatment for replacement of parts of depreciating assets
Question 1
Is Company X entitled to deductions under section 25-10 of the Income tax Assessment Act 1997 for the amounts incurred by Company Y for conducting and completing the Works pursuant to the agreements?
Answer
Yes
Question 2
Is the amount received pursuant to the agreements included in the assessable income of Company X under section 6-5 of the Income Tax Assessment Act 1997?
Answer
No
Question 3
Is the amount received pursuant to the agreements included in the assessable income of Company X under section 15-10 of the Income Tax Assessment Act 1997?
Answer
Yes
Question 4
Is the amount received pursuant to the agreements included in the assessable income of Company X under Subdivision 20-A of the Income Tax Assessment Act 1997?
Answer
No
This ruling applies for the following periods:
2015 financial year
2016 financial year
2017 financial year
2018 financial year
The scheme commences in:
2014
The Commissioner has ruled on each of the questions.