TD 93/141

TD 93/141A - Addendum

Income tax: if a lessee incurs legal expenses defending a lessor's attempts to terminate the lease, are these legal expenses an allowable deduction under subsection 51(1) of the Income Tax Assessment Act 1936?

FOI status:

may be released

This Addendum forms part of the Determination and, to the extent that it is capable of being a 'public ruling' in terms of Part IVAAA of the Taxation Administration Act 1953 , it is a public ruling for the purposes of that Part. Taxation Ruling TR 92/1 explains when a Determination is a public ruling and how it is binding on the Commissioner.
The Tax Law Improvement Project is restructuring, renumbering and rewriting the income tax law in plain language. The Parliament is amending the income tax law progressively to reflect these aims. As new laws come into effect, Taxation Rulings ( including Taxation Determinations) about old laws are being brought into line with them.

ADDENDUM

This Addendum amends Taxation Determination TD 93/141 as follows:

1. Question

(a) Omit 'subsection 51(1)'; substitute 'section 8-1';
(b) Omit ' Income Tax Assessment Act 1936'; substitute ' Income Tax Assessment Act 1997'.

 
2. Paragraph 1

Omit 'subsection 51(1)'; substitute 'section 8-1 (formerly subsection 51(1))'.

 
3. Paragraph 3

Omit the paragraph.

 
4. Example

(a) Omit 'subsection 51(1)';substitute 'section 8-1';
(b) Omit 'However, the first $50 is allowable as a deduction under section 64A'.

Commissioner of Taxation
25 June 1997

References

ATO references:
NO NAT 97/2192-4

ISSN 1038 - 8982

Legislative References:
ITAA 1