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INCOME TAX (TRANSITIONAL PROVISIONS) ACT 1997 - SECT 40.150

When an asset of yours qualifies for full expensing

  (1)   For the purposes of this Subdivision, you are covered by this section for a depreciating asset if, on or before 30   June 2023:

  (a)   you start to hold the asset; and

  (b)   you start to use the asset, or have it installed ready for use, for a taxable purpose.

Exception--assets to which Division   40 does not apply

  (2)   Despite subsection   (1), you are not covered by this section for the asset if Division   40 of the Income Tax Assessment Act 1997 does not apply to the asset because of section   40 - 45 of that Act.

Exception--assets not used or located in Australia

  (3)   Despite subsection   (1), you are not covered by this section for the asset if, at the time you first use the asset, or have it installed ready for use, for a taxable purpose:

  (a)   it is not reasonable to conclude that you will use the asset principally in Australia for the principal purpose of carrying on a business; or

  (b)   it is reasonable to conclude that the asset will never be located in Australia.

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

  (4)   Despite subsection   (1), you are not covered by this section for the asset if:

  (a)   the asset is allocated to a low - value pool, or expenditure on the asset is allocated to a software development pool (see Subdivision   40 - E of the Income Tax Assessment Act 1997 ); or

  (b)   you or another taxpayer has deducted or can deduct amounts for the asset under Subdivision   40 - F of the Income Tax Assessment Act 1997 (about primary production depreciating assets).


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