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INCOME TAX ASSESSMENT ACT 1997 - SECT 40.525

Conditions

Water facilities

  (1)   The capital expenditure you incurred on the construction, manufacture, installation or acquisition of the * water facility must have been incurred:

  (a)   primarily and principally for the purpose of conserving or conveying water for use in a * primary production business that you conduct on land in Australia; or

  (b)   for expenditure incurred by an * irrigation water provider--primarily and principally for the purpose of conserving or conveying water for use in primary production businesses conducted by other entities on land in Australia, being entities supplied with water by the irrigation water provider.

Note:   If Division   250 applies to you and an asset that is a water facility:

(a)   if section   250 - 150 applies--the condition in this subsection is taken not to be satisfied for the facility to the extent specified under subsection   250 - 150(3); or

(b)   otherwise--the condition in this subsection is taken not to be satisfied for the facility.

Horticultural plants

  (2)   One of the conditions in this table must be satisfied:

 

Conditions relating to horticultural plants

Item

Condition

1

You own the * horticultural plant and any holder of a lease, lesser interest or licence relating to the land does not carry on a * business of * horticulture on the land

2

The * horticultural plant is attached to land you hold under a lease, or a * quasi - ownership right granted by an * exempt Australian government agency or an * exempt foreign government agency, and:

(a) the lease or quasi - ownership right enables you to carry on a * business of * horticulture on the land; and

(b) any holder of a lesser interest or licence relating to the land does not carry on a * business of * horticulture on the land.

3

You:

(a) hold a licence relating to the land to which the * horticultural plant is attached; and

(b) carry on a * business of * horticulture on the land as a result of holding the licence.

Note:   If Division   250 applies to you and an asset that is a horticultural plant:

(a)   if section   250 - 150 applies--a condition in this subsection is taken not to be satisfied for the plant to the extent specified under subsection   250 - 150(3); or

(b)   otherwise--the conditions in this subsection are taken not to be satisfied for the horticultural plant.

Fodder storage assets

  (3)   The capital expenditure you incurred on the construction, manufacture, installation or acquisition of the * fodder storage asset must have been incurred primarily and principally for use in a * primary production business that you conduct on land in Australia.

Note:   If Division   250 applies to you and an asset that is a fodder storage asset:

(a)   if section   250 - 150 applies--the condition in this subsection is taken not to be satisfied for the asset to the extent specified under subsection   250 - 150(3); or

(b)   otherwise--the condition in this subsection is taken not to be satisfied for the asset.

Fencing assets

  (4)   The capital expenditure you incurred on the construction, manufacture, installation or acquisition of the * fencing asset must have been incurred primarily and principally for use in a * primary production business that you conduct on land in Australia.

Note:   If Division   250 applies to you and an asset that is a fencing asset:

(a)   if section   250 - 150 applies--the condition in this subsection is taken not to be satisfied for the asset to the extent specified under subsection   250 - 150(3); or

(b)   otherwise--the condition in this subsection is taken not to be satisfied for the asset.


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