Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

INCOME TAX ASSESSMENT ACT 1997 - SECT 43.50

Links and signposts to other parts of the Act

Links

  (1)   No part of a * pool of construction expenditure can be a deduction, or taken into account in working out the amount of a deduction, under a provision of this Act other than this Division.

  (2)   No part of an amount incurred by an entity in acquiring capital works for which there is a * pool of construction expenditure can be a deduction, or taken into account in working out the amount of a deduction, under a provision of this Act other than this Division.

  (3)   You will be taken not to be the owner of any part of capital works that are the subject of a lease to which you have chosen to apply section   104 - 115 (CGT event F2). The lessee or sublessee will be taken to be the owner of that part.

Note 1:   Choosing to apply section   104 - 115 results in the lease being treated for CGT purposes more like an outright disposal.

Note 2:   See subsection   43 - 180(3) for the effect of the rule in subsection   (3) of this section on the need to own 10 apartments, units or flats in an apartment building.

Signposts

  (6)   There are special record - keeping rules that apply to this Division in subsection   262A(4AJA) of the Income Tax Assessment Act 1936 .

  (7)   Your deductions under this Division may be reduced if any of your commercial debts have been forgiven in the income year: see Subdivision   245 - E.

  (8)   Where you have had a deduction under this Division an amount may be included in your assessable income if the expenditure was financed by limited recourse debt that has terminated: see Division   243.


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback