Commonwealth Consolidated Acts

INCOME TAX ASSESSMENT ACT 1997 - SECT 40.65

  (1)   You have a choice of 2 methods to work out the decline in value of a * depreciating asset. You must choose to use either the * diminishing value method or the * prime cost method.

Note 1:   Once you make the choice for an asset, you cannot change it: see section   40 - 130.

Note 2:   For the diminishing value method, see sections   40 - 70 and 40 - 72. For the prime cost method, see section   40 - 75.

Note 3:   In some cases you do not have to make the choice because you can deduct the asset's cost: see sections   40 - 80 and 40 - 82.

Note 4:   Subdivisions   40 - BA and 40 - BB of the Income Tax (Transitional Provisions) Act 1997 may affect the operation of this section.

Exception: asset acquired from associate

  (2)   For a * depreciating asset that you acquire from an * associate of yours where the associate has deducted or can deduct an amount for the asset under this Division, you must use the same method that the associate was using.

Note:   You can require the associate to tell you which method the associate was using: see section   40 - 140.

Exception: holder changes but user same or associate of former user

  (3)   For a * depreciating asset that you acquire from a former * holder of the asset, you must use the same method that the former holder was using for the asset if:

  (a)   the former holder or another entity (each of which is the former user ) was using the asset at a time before you became the holder; and

  (b)   while you hold the asset, the former user or an * associate of the former user uses the asset.

  (4)   However, you must use the * diminishing value method if:

  (a)   you do not know, and cannot readily find out, which method the former holder was using; or

  (b)   the former holder did not use a method.

Exception: low - value pools

  (5)   You work out the decline in value of a * depreciating asset in a low - value pool under Subdivision   40 - E rather than under this Subdivision.

Exception: also notionally deductible under R&D provisions

  (6)   If:

  (a)   only one of the following events has happened:

  (i)   you have deducted one or more amounts under this Division for an asset;

  (ii)   you have been entitled under section   355 - 100 (about R&D) to one or more * tax offsets because you can deduct one or more amounts under section   355 - 305 for an asset; but

  (b)   later, the other event happens for the asset;

then, for the purposes of working out the deduction for the later event, you must choose the same method that you chose for the first event.

Note 1:   Deductions under section   355 - 305 (about decline in value of tangible depreciating assets used for R&D activities) are worked out using a notional application of this Division.

Note 2:   This subsection applies with changes if you have or could have deducted an amount under former section   73BA of the Income Tax Assessment Act 1936 for the asset (see section   40 - 67 of the Income Tax (Transitional Provisions) Act 1997 ).

  (7)   If:

  (a)   the events in paragraph   (6)(a) could both arise for the same period for an asset; and

  (b)   neither event has already arisen for the asset;

then you must choose the same method for the purposes of working out the deduction for each event.