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INCOME TAX ASSESSMENT ACT 1997 - SECT 43.145

Using your area in the 4% manner

    You use a part of * your area in the 4% manner if you use it as described in the following Table. The relevant use depends on the time when the capital works began (Column 1) and the type of capital works (Column 2). Column 3 sets out the use.

 

Table 43 - 145--Use in the 4% manner

Column 1
Date capital
works begin

Column 2
Type of capital
works

Column 3
Use of a part of * your area at some time
in the income year

Time period 1:

After 30/6/97

Capital works that are buildings

You use the part of * your area for the * purpose of producing assessable income and:

(a)   that part   is used by any entity wholly or mainly to operate a hotel, motel or guest house; and

(b)   that hotel, motel or guest house has at least 10 bedrooms that are used or available for use wholly to provide short - term accommodation for travellers.

 

 

You use the part of * your area for the * purpose of producing assessable income and:

(a)   that part   is, is part of or contains an apartment, unit or flat that is used or available for use by any entity wholly to provide short - term accommodation for travellers, and you own or lease at least 9 other apartments, units or flats in the building that are used or available for use by any entity wholly to provide short - term accommodation for travellers; or

(b)   that part   is, is part of or contains a facility that is used or available for use by any entity wholly or mainly in association with providing short - term accommodation for travellers in apartments, units or flats in the building that are used in the way described in paragraph   (a).

 

 

You use the part of * your area for the * purpose of producing assessable income, and that part   is used by any entity:

(a)   wholly or mainly for * industrial activities; or

(b)   to provide meal rooms, rest rooms, first aid rooms, change rooms or similar facilities that are wholly or mainly for use by:

(i)   workers employed wholly or mainly to undertake the work directly involved in carrying out industrial activities; or

(ii)   the immediate supervisors of those workers; or

(c)   wholly or mainly as office accommodation for the immediate supervisors of those workers.

Time period 2:

27/2/92 to 30/6/97 (inclusive)

* Hotel building

You use the part of * your area for the * purpose of producing assessable income and:

(a)   that part   is used by any entity wholly or mainly to operate a hotel, motel or guest house; and

(b)   that hotel, motel or guest house has at least 10 bedrooms that are used or available for use wholly to provide short - term accommodation for travellers.

 

* Apartment building

You use the part of * your area for the * purpose of producing assessable income and:

(a)   that part   is, is part of or contains an apartment, unit or flat that is used or available for use by any entity wholly to provide short - term accommodation for travellers, and you own or lease at least 9 other apartments, units or flats in the building that are used or available for use by any entity wholly to provide short - term accommodation for travellers; or

(b)   that part   is, is part of or contains a facility that is used or available for use by any entity wholly or mainly in association with providing short - term accommodation for travellers in apartments, units or flats in the building that are used in the way described in paragraph   (a).

 

Other buildings

You use the part of * your area for the * purpose of producing assessable income, and that part   is used by any entity:

(a)   wholly or mainly for * industrial activities; or

(b)   to provide meal rooms, rest rooms, first aid rooms, change rooms or similar facilities that are wholly or mainly for use by:

(i)   workers employed wholly or mainly to undertake the work directly involved in carrying out industrial activities; or

(ii)   the immediate supervisors of those workers; or

(c)   wholly or mainly as office accommodation for the immediate supervisors of those workers.

Note:   There are special rules that explain or qualify the uses described in Column 3 of this Table. These rules are set out in Subdivision   43 - E (sections   43 - 155 to 43 - 195). For example:

  Your area is taken to be used, for use or available for use for a purpose or in a way if it is maintained ready for use for that purpose or in that way. See section   43 - 160.

  A suite of rooms in a hotel building may be treated as one bedroom, see subsection   43 - 180(2).


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