Commonwealth Numbered Acts

INCOME TAX ASSESSMENT ACT 1997 No. 38 of 1997 - SECT 43.90

Column 1 Date capital works begin
Column 2
Type of capital works
Column 3
Intended use on completion Time period 1: 22/8/79 to 19/7/82 (inclusive)
Hotel building
For use by any entity wholly or mainly to
operate a hotel, motel or guest house that has
at least 10 bedrooms that are for use wholly
or mainly to provide short-term accommodation
for travellers.
Apartment building
The building consisted of:

   (a)  at least 10 apartments, units or flats
each of which was for use wholly or mainly to
provide short-term accommodation for
travellers; or

   (b)  at least 10 apartments, units or flats
each of which was for use for that purpose and
facilities that are wholly or mainly for use
in association with providing short-term
accommodation for travellers in those
apartments, units or flats. Time period 2: 20/7/82 to 17/7/85 (inclusive)
Hotel building
As for time period 1.
Apartment building
As for time period 1.
Non-residential building
For:

   (a)  use by the entity that incurred the
expenditure for the *purpose of producing
assessable income or exempt income; or

   (b)  disposal by that entity to another entity
for use by the other entity for the purpose of
producing assessable income or exempt income. Time period 3: 18/7/85 to
20/11/87 (inclusive)
Any building
For:

   (a)  use by the entity that incurred the
expenditure for the *purpose of producing
assessable income or exempt income; or

   (b)  disposal by that entity to another entity
for use by the other entity for the purpose of
producing assessable income or exempt income;
or

   (c)  use by an entity wholly or mainly for, or
in association with, residential
accommodation. Time period 4: 21/11/87 to 26/2/92 (inclusive)
Any building
For:

   (a)  use by the entity that incurred the
expenditure for the *purpose of producing
assessable income or exempt income; or

   (b)  disposal by that entity to another entity
for use by the other entity for the purpose of
producing assessable income or exempt income;
or

   (c)  use by an entity wholly or mainly for, or
in association with, residential
accommodation; or

   (d)  use by the entity that incurred the
expenditure to carry on *research and
development activities by or for that entity,
or for disposal by that entity to another
entity for use by the other entity for
carrying on research and development
activities by or for the other entity. Time period 5: 27/2/92 to 18/8/92
(inclusive)
Hotel building
As for time period 1.
Apartment building
As for time period 1.
Other buildings
As for any building in time period 4.
Structural improvements
As for any building in time period 4. Time period 6: 19/8/92 to 30/6/97
(inclusive)
Hotel building
As for time period 1.
Apartment building
As for time period 1.
Other buildings
As for any building in time period 4.
Structural improvements
As for any building in time period 4.
Environment protection earthworks
As for any building in time period 4. 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:
. Research and development activities must be carried on in connection with a
business carried on for the purpose of producing assessable income, see
section 43-195.
. Certain facilities that are not commonly provided in a hotel, motel or guest
house in Australia are taken not to be used or for use to operate a hotel,
motel or guest house, see subsection 43-180(6).