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s 40-515

Water facilities, grapevines and horticultural plants

In force
Chapter 2Liability rules of general application
Part 2-10Capital allowances: rules about deductibility of capital expenditure
Division 40Capital allowances
Subdivision 40-FPrimary production depreciating assets

40-515 Water facilities, grapevines and horticultural plants

(1)

This section applies to you if you have deducted or can deduct an amount under Division 387 of the former Act for an amount (the qualifying amount) of expenditure on any of these (the primary production asset):

(a)

the construction, manufacture, installation or acquisition of a water facility; or

(b)

the establishment of horticultural plants; or

(c)

the establishment of grapevines;

and you would have been able to deduct amounts for the qualifying amount for the income year in which 1 July 2001 occurs under the former Act if it had continued to apply.

(2)

Subdivision 40‑F of the new Act applies to the primary production asset on this basis:

(a)

the qualifying amount is taken to be:

(i)

for a water facility—the amount of capital expenditure you incurred on the construction, manufacture, installation or acquisition of the water facility; or

(ii)

for a horticultural plant or a grapevine—the amount of capital expenditure incurred that is attributable to the establishment of the plant or grapevine; and

(b)

for horticultural plants, you use the effective life determined under section 387‑175 of the former Act; and

(c)

amounts that have been deducted or can be deducted for the qualifying amount under the former Act or the Income Tax Assessment Act 1936 are taken to be a decline in value under Subdivision 40‑F of the new Act.

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Section 40-515 — Water facilities, grapevines and horticultural plants — Income Tax (Transitional Provisions) Act 1997 (Commonwealth) — Barrister AI