Taxation Determination

TD 94/41W

Income tax: is a taxpayer who jointly acquires and uses an item of eligible property for which a general investment allowance deduction is allowable, entitled to a portion of the deduction?

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FOI status:

Notice of Withdrawal

Taxation Determination TD 94/41 is withdrawn with effect from today.

1. Taxation Determination TD 94/41 explains that in some circumstances a taxpayer, who jointly acquires and uses an item of eligible property for which a general investment allowance deduction is allowable under the former Subdivision BA of Part 3 of the Income Tax Assessment Act 1936, will be entitled to a portion of the deduction.

2. The former paragraph 82AT(1)(d) of the ITAA 1936 limited the availability of the general investment allowance to eligible property first used, or installed ready for use, before 1 July 1995. The general investment allowance is not available if the eligible property was first used, or installed ready for use, after that date. The Determination does not have application where the eligible property was first used or installed ready for use on or after that date.

Commissioner of Taxation
23 April 2008

Previously issued as Draft TD 94/D18

References

ATO references:
NO 2006/20258

Related Rulings/Determinations:

IT 2142