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TAX LAWS AMENDMENT (SMALL BUSINESS MEASURES NO. 2) ACT 2015 - SCHEDULE 1

Accelerated depreciationfor small business entities

Part   1 -- Main amendments

Income Tax Assessment Act 1997

1   At the end of subsection   328 - 175(10)

Add:

Note 3:   Subsections   328 - 180(2) and (3) of the Income Tax (Transitional Provisions) Act 1997 affect the operation of this subsection in relation to income years ending on or after 12   May 2015.

2   At the end of paragraph   328 - 180(1)(b)

Add:

Note:   This threshold is $20,000 for assets you first acquire between 12   May 2015 and 30   June 2017: see subsection   328 - 180(4) of the Income Tax (Transitional Provisions) Act 1997 .

3   At the end of paragraphs 328 - 180(2)(a) and (3)(a)

Add:

Note:   This threshold is $20,000 for costs included between 12   May 2015 and 30   June 2017: see subsection   328 - 180(5) of the Income Tax (Transitional Provisions) Act 1997 .

4   Subsection   328 - 210(1) (note)

Omit "Note", substitute "Note 1".

5   At the end of subsection   328 - 210(1)

Add:

Note 2:   This threshold is $20,000 for income years ending on or after 12   May 2015 and on or before 30   June 2017: see subsection   328 - 180(6) of the Income Tax (Transitional Provisions) Act 1997 .

6   At the end of subsection   328 - 250(1)

Add:

Note:   The threshold in subsection   328 - 180(1) is $20,000 (instead of $1,000) for assets first acquired between 12   May 2015 and 30   June 2017: see subsection   328 - 180(4) of the Income Tax (Transitional Provisions) Act 1997 .

7   At the end of subsection   328 - 250(4)

Add:

Note:   The threshold in subsection   328 - 180(1) is $20,000 (instead of $1,000) for assets acquired between 12   May 2015 and 30   June 2017: see subsection   328 - 180(4) of the Income Tax (Transitional Provisions) Act 1997 .

8   At the end of subsection   328 - 253(4)

Add:

Note:   The threshold in subsection   328 - 180(1) is $20,000 (instead of $1,000) for assets first acquired between 12   May 2015 and 30   June 2017: see subsection   328 - 180(4) of the Income Tax (Transitional Provisions) Act 1997 .

Income Tax (Transitional Provisions) Act 1997

9   After section   328 - 175

Insert:

328 - 180   Increased access to accelerated depreciation from 12   May 2015 to 30   June 2017

  (1)   In this section:

"2015 budget time" means 7.30 pm, by legal time in the Australian Capital Territory, on 12   May 2015.

"increased access year" means an income year that ends:

  (a)   on or after 12   May 2015; and

  (b)   on or before 30   June 2017.

Restrictions on making choice

  (2)   In determining whether you can choose to use Subdivision   328 - D of the Income Tax Assessment Act 1997 in an increased access year, disregard subsection   328 - 175(10) of that Act.

  (3)   In applying paragraph   328 - 175(10)(b) of that Act for the purpose of determining whether you can choose to use that Subdivision in any income year after the increased access years, disregard:

  (a)   the increased access years, other than the last of the increased access years; and

  (b)   all earlier income years.

Assets costing less than $20,000

  (4)   Paragraph 328 - 180(1)(b) of the Income Tax Assessment Act 1997 applies to a depreciating asset as if a reference in that paragraph to $1,000 were a reference to $20,000, if:

  (a)   you first acquired the asset at or after the 2015 budget time; and

  (b)   you:

  (i)   first used the asset, for a taxable purpose, at or after the 2015 budget time and on or before 30   June 2017; or

  (ii)   first installed the asset ready for use, for a taxable purpose, at or after the 2015 budget time and on or before 30   June 2017.

  (5)   Paragraph 328 - 180(2)(a) or (3)(a) of the Income Tax Assessment Act 1997 applies to an amount included in the second element of the cost of an asset as if a reference in that paragraph to $1,000 were a reference to $20,000, if the amount is so included at any time:

  (a)   at or after the 2015 budget time; and

  (b)   on or before 30   June 2017.

Low value pool

  (6)   Section   328 - 210 of the Income Tax Assessment Act 1997 applies in relation to a deduction for an increased access year as if a reference in that section to $1,000 were a reference to $20,000.



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