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INCOME TAX (TRANSITIONAL PROVISIONS) ACT 1997 - SECT 40.120

Backing business investment--accelerated decline in value for businesses with turnover less than $500 million

  (1)   For the purposes of Division   40 of the Income Tax Assessment Act 1997 , the decline in value of a depreciating asset for an income year is the amount worked out under section   40 - 130 if:

  (a)   the income year is the year in which you start to use the asset, or have it installed ready for use, for a taxable purpose; and

  (b)   subsection   (2) (about businesses with turnover less than $500 million) applies to you for the year and for the income year in which you started to hold the asset (if that was an earlier year); and

  (c)   you are covered by section   40 - 125 for the asset; and

  (d)   you have not made a choice under section   40 - 137 in relation to the income year.

Note 1:   An effect of paragraph   (1)(a) is that this Subdivision only applies to one income year per asset. See also subsection   40 - 135(1).

Note 2:   This subsection does not apply if Subdivision   40 - BB of this Act applies: see section   40 - 145 of this Act.

Businesses with turnover less than $500 million

  (2)   This subsection applies to you for an income year if you:

  (a)   are a small business entity; or

  (b)   would be a small business entity if:

  (i)   each reference in Subdivision   328 - C of the Income Tax Assessment Act 1997 (about what is a small business entity) to $10 million were instead a reference to $500 million; and

  (ii)   the reference in paragraph   328 - 110(5)(b) of that Act to a small business entity were instead a reference to an entity covered by this subsection.

Exception--assets for which the decline in value is worked out under section   40 - 82 or Subdivision   40 - E or 40 - F of the Income Tax Assessment Act 1997

  (3)   However, this section does not apply to a depreciating asset for an income year if you work out the decline in value of the asset for the income year under any of the following:

  (a)   section   40 - 82 of the Income Tax Assessment Act 1997 ;

  (b)   Subdivision   40 - E or 40 - F of that Act .



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