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This edited version has been archived due to the length of time since original publication.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

Authorisation Number: 1013016995680

Date of advice: 18 May 2016

Ruling

Subject: Capital works deduction

In order to protect the privacy and commercial in-confidence components of this private binding ruling the following question and answer is provided.

Question

Are you entitled to a capital works deduction under Division 43 of the Income Tax Assessment Act 1997 (ITAA 1997) for the business use portion of your property?

Answer

Yes.

Relevant legislative provisions

Income Tax Assessment Act 1997 Division 43

Income Tax Assessment Act 1997 Section 43-10

Income Tax Assessment Act 1997 Section 43-140

Income Tax Assessment Act 1997 Subsection 43-170(3)