Taxation Determination

TD 2004/32W

Income tax: is a deduction available in respect of capital expenditure incurred after 30 June 2001 in obtaining or in seeking to obtain the grant or extension of the term of a patent, the registration or extension of the registration period of a design, or the registration of a copyright under section 68A of the Income Tax Assessment Act 1936 or Division 40 of the Income Tax Assessment Act 1997?

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Notice of Withdrawal

Taxation Determination TD 2004/32 is withdrawn with effect from today.

1. TD 2004/32 explains that a deduction is not available in respect of capital expenditure incurred after 30 June 2001 in obtaining or in seeking to obtain the grant or extension of the term of a patent, the registration or extension of the registration of a design, or the registration of a copyright under section 68A of the Income Tax Assessment Act 1936 (ITAA 1936). A deduction in respect of such expenditure may be available under Division 40 of the Income Tax Assessment Act 1997.

2. TD 2004/32 is now withdrawn as section 68A of the ITAA 1936 was repealed with effect from 14 September 2006.

Commissioner of Taxation
20 December 2016

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Previous draft TD 2004/D9

References

ATO references:
NO 1-9N72KXS

Related Rulings/Determinations:

TR 92/20

Subject References:
capital allowances
intellectual property

Legislative References:
ITAA 1936 68A
ITAA 1936 Div 10B of Part III
ITAA 1997 Div 40
ITAA 1997 Div 373
ITAA 1997 373-5
Income Tax (Transitional Provisions) Act 1997 373-1
New Business Tax System (Capital Allowances) Act 2001
New Business Tax System (Capital Allowances - Transitional and Consequential) Act 2001
Acts Interpretation Act 1901 7
Acts Interpretation Act 1901 8A
TAA 1953 Pt IVAAA

Case References:
Butler v. Attorney-General (Vic)
(1961) 106 CLR 268

ISPT Nominees Pty Ltd v. Chief Commissioner of State Revenue (NSW)
2003 ATC 4697
(2003) 53 ATR 527