Income Tax (Transitional Provisions) Act 1997

This section applies to you if:

at the end of 30 June 2001, you hold an item of intellectual property referred to in the table in section 373‑35 of the former Act; and

you have deducted or can deduct an amount for expenditure on the asset under Division 373 of the former Act or you could have deducted an amount under that Division for that expenditure if you had used the asset for the purpose of producing assessable income on or before that day.

Division 40 of the new Act applies to the item on this basis:

it has an opening adjustable value at 1 July 2001 equal to its unrecouped expenditure under the former Act at the end of 30 June 2001; and

its cost is its original unrecouped expenditure under the former Act; and

its effective life is the same as it had under the former Act; and

you must use the prime cost method.

There are special rules for entities that have substituted accounting periods: see section 40‑65.