Division 12—Particular kinds of deductions
12-5 List of provisions about deductions
The provisions set out in the table contain rules about specific types of deduction.
Provisions of the Income Tax Assessment Act 1997 are identified in normal text. The other provisions, in bold, are provisions of the Income Tax Assessment Act 1936.
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accrued leave transfer payments |
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.......... |
51(3) |
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|
advance expenditure |
|
||
generally |
82KZL to 82KZO |
||
avoidance arrangements |
82KJ |
||
when deductible |
82KZM |
||
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associated persons |
|
||
associated persons and relatives, amounts paid to, reduction of deduction |
|
||
family members, expenses incurred in maintaining, no deduction for |
|
||
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averaging of incomes |
|
||
generally |
149 to 158A |
||
excess of allowable deductions |
154 |
||
|
bad debts |
|
||
general |
63, 63F |
||
companies |
63A to 63CA |
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debt/equity swaps |
63E, 63F |
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money lenders, listed country branches, no deduction |
|
||
see also losses |
|
||
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banks |
|
||
Commonwealth Savings Bank of Australia |
160ABB |
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foreign banks, Australian branches of |
160ZZVA to 160ZZZJ |
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boats |
|
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no deduction for |
51AB |
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see also depreciation |
|
||
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borrowing expenses |
|
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.......... |
67 |
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buildings |
|
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capital allowances |
Division 40 |
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income producing buildings, capital allowances |
Division 43 |
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see also heritage conservation work |
|
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capital allowances |
|
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.......... |
Division 40 |
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see also depreciation and development allowance |
|
||
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capital gains |
|
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no deduction for an amount that would otherwise be deductible only because a net capital gain is included in assessable income |
|
||
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capital loss |
|
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net capital loss, no deduction for |
160ZO |
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net capital loss, transfer within company group |
160ZP |
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car disposal |
|
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see depreciation |
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car expenses |
|
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generally |
Division 28 |
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"cents per kilometre" method |
Subdivision 28-C |
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"log book" method |
Subdivisions 28-F and 28-G |
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"one-third of actual expenses" method |
Subdivision 28-E |
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substantiation of car expenses |
Division 900 |
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"12% of original value" method |
Subdivision 28-D |
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car expenses of employee |
|
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employee’s car expenses where car provided by employer can be used for private purposes, no deduction for . |
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||
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car parking |
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||
employee’s car parking expenses, no deduction for |
51AGA |
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self-employed persons, partnerships and trusts car parking expenses, no deduction for |
|
||
self-employed persons, partnerships and trusts car parking expenses, reduced deduction approved using allowed method |
|
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children’s income |
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generally |
102AA to 102AJ |
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taxable income of a child, deductions taken into consideration in calculating |
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club fees |
|
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club fees, no deduction for |
51AB |
||
see also subscriptions to associations |
|
||
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companies, co-operative and mutual |
|
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generally |
117 to 121 |
||
distributions of assessable income |
120 |
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companies, private |
|
||
excessive payments to shareholders directors and associates, reduced deduction |
|
||
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composite incomes |
|
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more than one class of income, order in which deductions must be claimed if entity in receipt of |
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controlled foreign companies |
|
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generally |
316 to 468 |
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bad debts |
399A |
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depreciation |
398 |
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finance share dividends |
394 |
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taxes paid |
393 |
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convertible notes |
|
||
see interest |
|
||
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copyrights |
|
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expenditure in obtaining registration |
68A |
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currency exchange gains and losses |
|
||
see foreign exchange |
|
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depreciation |
|
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generally |
54 to 62AAV |
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calculation of depreciation |
56 |
||
car disposal, balancing adjustment under section 59 may be reduced by Commissioner |
|
||
deduction for |
54 |
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disposal, loss or destruction of depreciated property, balancing adjustment |
|
||
iron and steel production, special depreciation |
57AK |
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motor vehicle, limit on cost price |
57AF |
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partial use of property, only partial deduction |
61 |
||
roll-over relief, unpooled property |
58 |
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trading ships, special depreciation |
57AM |
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designs |
|
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expenditure in obtaining or extending registration |
68A |
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development allowance |
|
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generally |
82AAAA to 82AQ |
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disposal of property after 12 months. |
82AH |
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leased property, limit on deduction for |
26-55 |
||
lessor may transfer benefit of deduction to lessee |
82AD |
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new property, capital expenditure incurred after 26 February 1992, additional deduction |
|
||
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disposal of depreciated property |
|
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see depreciation |
|
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dividends |
|
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debt dividends |
67AA |
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franking credits, companies and non-residents |
160AR, 160ARD |
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franking credits, pooled development funds (PDFs) |
124ZM |
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drought investment allowance |
|
||
see primary production |
|
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education expenses |
|
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Higher Education Contribution Scheme, no deduction unless provided as fringe benefit |
|
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limit on deduction |
82A |
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election expenses |
|
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Federal and State Parliament election expenses |
74, 74B |
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local government election expenses, limited deduction |
|
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electricity connections |
|
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capital cost of |
70A |
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embezzlement |
|
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embezzlement, defalcation, larceny, misappropriation, losses caused by |
|
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employees |
|
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pensions, gratuities or retiring allowances for ex-employees |
|
||
see also shares |
|
||
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entertainment |
|
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expenditure, no deduction for some |
51AE |
||
meal entertainment, calculation of deductible amount |
51AEA to 51AEC |
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environment |
|
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environmental impact studies |
82B to 82BG |
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environment protection expenditure |
82BH to 82BR |
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exploration and prospecting |
|
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.......... |
Subdivision 330-A |
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film income |
|
||
Australian films |
124ZAA to 124ZAP |
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exempt film income |
23H |
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see also losses |
|
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financial arrangements |
|
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see borrowing expenses, infrastructure borrowings, interest, leases and securities |
|
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foreign exchange |
|
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losses |
82U to 82ZB |
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foreign income |
|
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limit on deduction |
79D |
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foreign investment funds (FIFs) |
|
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generally |
469 to 624 |
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loss under cash surrender values method |
533 |
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loss under market value method |
532 |
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notional deductions |
567 to 574 |
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foreign life assurance policies |
|
||
see foreign investment funds |
|
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foreign tax credits |
|
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generally |
160AE to 160AFF |
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Australian branch of a foreign bank, foreign tax paid on interest received by the branch from a place outside Australia |
|
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freight |
|
||
freight for shipped goods |
135A |
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fringe benefits |
|
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contributions for private component, no deduction for |
51AJ |
||
employee’s car expenses where car provided by employer can be used for private purposes, no deduction for |
51AF |
||
employee’s car parking expenses, no deduction for |
51AGA |
||
expense payment fringe benefits, reduced deduction |
51AH |
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gifts |
|
||
general |
78 |
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cultural organisations, eligibility criteria |
78AA |
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environmental organisations, eligibility criteria |
78AB |
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limit on deduction |
26-55 |
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see also tax avoidance schemes |
|
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grape vines |
|
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see primary production |
|
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horticultural plants |
|
||
see primary production |
|
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heritage conservation work |
|
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generally |
159U to 159UY |
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rebate, no deduction if entitled to a |
159UU |
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Higher Education Contribution Scheme (HECS) |
|
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no deduction for unless fringe benefit |
51(6), 51(6A) |
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income equalisation deposits |
|
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see primary production |
|
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industrial property |
|
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generally |
124K to 124Z |
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deduction for |
124M |
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disposal or lapse of a unit of industrial property |
124N, 124PA, 124Q |
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copyright design and patents, expenditure in obtaining grant or registration |
|
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infrastructure borrowings |
|
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generally |
159GZZZZD to 159GZZZZH |
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no deduction for |
159GZZZZE |
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insurance and annuity business |
|
||
generally |
116E to 116J |
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assets, notional Part IIIA disposal of |
116GA |
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benefits or reinsurance premiums, no deduction for |
116HAD |
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deductions for |
116H |
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investment component, cost of obtaining |
116HAC |
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superannuation premiums, expenditure incurred in obtaining |
|
||
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insurance with non-residents |
|
||
generally |
141 to 148 |
||
insurance premiums, no deduction unless arrangement to pay tax |
|
||
reinsurance, no deduction for resident carrying on insurance business in Australia for reinsurance premiums paid to a non-resident |
|
||
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interest |
|
||
convertible notes, interest on, generally |
82L to 82T |
||
interest for underpayment or late payment of tax |
51(5) |
||
interest, no deduction for interest paid by a non-resident until the withholding tax payable has been paid . |
|
||
life assurance premiums, interest etc. on loans to finance, no deduction for |
|
||
non-residents, debt creation involving, generally |
159GZY to 159GZZF |
||
superannuation contributions, interest etc. on loans to finance, no deduction for |
|
||
thin capitalisation by non-residents, generally |
159GZA to 159GZX |
||
see also infrastructure borrowings |
|
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international agreements |
|
||
see transfer pricing |
|
||
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international profit shifting |
|
||
see transfer pricing |
|
||
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investment company |
|
||
see shares |
|
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iron and steel production |
|
||
special depreciation for property used in basic iron and steel production . |
|
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land degradation |
|
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see primary production |
|
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larceny |
|
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see embezzlement |
|
||
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lease document expenses |
|
||
.......... |
68 |
||
|
leases |
|
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finance leases and arrangements, use of property if end-user an exempt public body or use outside Australia to produce exempt income |
|
||
improvements on leased land and premiums, leases assigned or surrendered before 23 October 1964 and for mining leases assigned or surrendered before 10 May 1968 |
|
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leveraged arrangements, property used: |
|
||
• other than to produce assessable income; or |
|
||
• by a non-resident outside Australia; or |
|
||
• by a previous owner |
|
||
.......... |
51AD |
||
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leave payments |
|
||
accrued leave transfer payments |
51(3) |
||
no deduction for leave payments until paid |
51(3) |
||
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legal expenses |
|
||
capital legal expenses, limited deduction for |
64A |
||
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leisure facilities |
|
||
no deduction for |
51AB |
||
|
life assurance companies |
|
||
.......... |
110 to 116DK |
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loans |
|
||
see borrowing expenses, interest and securities |
|
||
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losses |
|
||
foreign exchange |
82U to 82ZB |
||
profit-making undertaking or scheme |
52 |
||
property sale |
52 |
||
traditional securities, loss on disposal or redemption of |
70B |
||
see also tax losses |
|
||
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management and investment company shares |
|
||
see shares |
|
||
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membership of associations |
|
||
see subscriptions to associations |
|
||
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mining |
|
||
generally |
Division 330 |
||
gold mining |
159GZZG to 159GZZZBI |
||
uranium mining |
23D |
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mortgage |
|
||
expenses of discharging a mortgage |
67A |
||
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motor vehicles |
|
||
see car expenses and leases |
|
||
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non-cash transactions |
|
||
non-cash business benefits |
51AK |
||
non-cash consideration, money value deemed to have been paid or given |
|
||
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non-resident trust estates |
|
||
generally |
102AAA to 102AAZG |
||
modified application of depreciation provisions . |
102AAY |
||
modified application of trading stock provisions |
102AAZ |
||
no deductions allowable under section 79E, 79F, 80, 80AAA or 80AA |
|
||
|
offshore banking units |
|
||
generally |
121A to 121EL |
||
deductions for |
121EG |
||
foreign tax deduction |
121EI |
||
|
partnerships |
|
||
losses, partner’s share of partnership loss |
90, 92 |
||
|
patents |
|
||
expenditure relating to grant of patents, etc. |
68A |
||
|
penalties |
|
||
no deduction for penalties |
51(4) |
||
|
petroleum prospecting and mining |
|
||
generally |
Division 330 |
||
petroleum resource rent tax payments |
Subdivision 330-G |
||
|
plant and articles |
|
||
see capital allowances and depreciation |
|
||
|
pooled development funds (PDFs) |
|
||
.......... |
124ZM to 124ZZD |
||
|
prepaid expenditure |
|
||
see advance expenditure |
|
||
|
primary production |
|
||
drought investment allowance, generally |
625 to 684 |
||
grape vines, expenditure incurred in establishing |
75AA |
||
horticultural plants, establishment costs of |
124ZZD to 124ZZR |
||
income equalisation deposits |
159GA to 159GDA |
||
land, preparing clearing ploughing or draining land for use in primary production and other activities |
|
||
land degradation, expenses incurred in preventing |
75D |
||
telephone lines, cost of extending |
70 |
||
water, expenditure on conserving or conveying |
75B |
||
see also electricity connections |
|
||
|
promoters recoupment tax |
|
||
general |
78B |
||
limit on deduction |
26-55 |
||
|
property |
|
||
arrangements relating to use of property if end-user an exempt public body or use outside Australia to produce exempt income |
|
||
leveraged arrangements, property used: |
|
||
• other than to produce assessable income; or |
|
||
• by a non-resident outside Australia; or |
|
||
• by a previous owner |
|
||
.......... |
51AD |
||
sale of property, profit or loss |
82(2) |
||
see also capital allowances, depreciation and losses |
|
||
|
public trading trusts |
|
||
generally |
102M to 102T |
||
debt dividends, application of section 67AA |
102T(4A) |
||
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qualifying securities |
|
||
see securities |
|
||
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quarrying |
|
||
.......... |
Division 330 |
||
|
regional headquarters (RHQs) |
|
||
.......... |
82C to 82CE |
||
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reimbursements |
|
||
expense payment fringe benefits, reduced deduction |
51AH |
||
|
reinsurance |
|
||
see insurance with non-residents |
|
||
|
relatives, payments to |
|
||
see associated persons |
|
||
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repairs |
|
||
general |
53 |
||
repair covenants, payment for non-compliance with covenant to repair under lease |
|
||
|
research & development |
|
||
generally |
73B to 73G |
||
scientific research |
73A |
||
|
roads |
|
||
see timber |
|
||
|
royalties |
|
||
royalty paid where tax instalment deductions have not been made by the payer, no deduction for |
|
||
|
scientific research |
|
||
see research & development |
|
||
|
securities |
|
||
qualifying securities |
159GP to 159GZ |
||
substituted securities |
23K |
||
traditional securities, loss on disposal or redemption of |
70B |
||
|
shares |
|
||
buy-backs |
159GZZZJ to 159GZZZT |
||
cancellation of subsidiary’s shares in holding company |
159GZZZC to 159GZZZI |
||
employee share acquisition schemes, deduction for provider of qualifying shares or rights |
|
||
see also dividends and securities |
|
||
|
State Bank of NSW |
|
||
no deduction under section 82AAC |
121EP |
||
|
State or Territory bodies (STBs) |
|
||
body ceasing to be STB, some deductions not allowed |
24AW to 24AYA |
||
|
subscriptions to associations |
|
||
.......... |
73 |
||
|
substantiation |
|
||
work, travel and car expenses |
Division 900 |
||
|
successive deductions |
|
||
setting off deductions where more than one class of income |
|
||
|
superannuation |
|
||
see insurance and annuity business and interest |
|
||
|
superannuation and related business |
|
||
generally |
267 to 315F |
||
asset disposals |
304 |
||
death or disability benefits, deduction for future service element |
|
||
death or disability cover, premiums for |
279 |
||
detriment payments |
279D |
||
financial assistance levy |
315B, 315F |
||
|
superannuation—eligible person contributions |
|
||
general |
82AAS to 82AAT |
||
limit on deduction |
26-55 |
||
|
superannuation—employer contributions |
|
||
generally |
82AAA to 82AAR |
||
contributions to eligible superannuation fund for employees |
|
||
contributions to non-complying funds |
82AAD, 82AAE |
||
deposits under the Small Superannuation Accounts Act 1995 |
|
||
no deduction for under any other provision of the Act |
82AAR |
||
|
superannuation guarantee charge |
|
||
no deduction for |
51(9) |
||
|
superannuation levy |
|
||
late lodgment amount, no deduction for |
51(8) |
||
|
tax agent’s fees |
|
||
see tax related expenses |
|
||
|
tax avoidance schemes |
|
||
companies, use of tax losses or deductions to avoid tax |
Division 175 |
||
diverted assessable income |
121F to 121L |
||
dividend stripping |
46A, 177E |
||
gifts |
78A |
||
international profit shifting, transfer pricing |
136AA to 136AG |
||
prepaid outgoings to avoid tax |
82KJ |
||
recouped expenditure |
82KH to 82KL |
||
tax avoidance scheme, no deduction allowable where deduction the result of |
|
||
trading stock |
31C, 52A |
||
|
tax file number (TFN) withholding tax |
|
||
investor, no deduction for |
221YHZZA |
||
|
tax losses |
|
||
bad debts, companies |
63CA |
||
change of ownership or control of a company |
|
||
generally |
Division 165 |
||
for earlier income years |
Subdivision 165-A |
||
for income year of the change |
Subdivision 165-B |
||
earlier income years |
Division 36 |
||
film losses |
Subdivision 375-G |
||
pooled development funds |
Subdivision 195-A |
||
transfer between companies in same wholly-owned |
|
||
|
tax related expenses |
|
||
.......... |
69 |
||
|
telephone lines |
|
||
see primary production |
|
||
|
timber |
|
||
access roads for timber operations, expenditure on |
124F |
||
land attributable to felled timber, part of purchase price |
124J |
||
mill buildings, expenditure on |
124JA to 124JD |
||
|
trading ships |
|
||
see depreciation |
|
||
|
trading stock |
|
||
Commissioner may determine whether consideration paid for chose in action is reasonable |
|
||
excess of opening stock over closing value |
28(3) |
||
expenditure deemed not to be of a capital nature |
51(2) |
||
prepayments, when stock becomes trading stock on |
|
||
see also tax avoidance schemes |
|
||
|
traditional securities |
|
||
see securities |
|
||
|
training guarantee |
|
||
training guarantee charge, no deduction for |
51(7) |
||
|
transfer pricing |
|
||
generally |
136AA to 136AG |
||
adjustments to deductions |
136AF |
||
|
travel expenses |
|
||
accompanying relatives, no deduction for some travel expenses |
|
||
see also substantiation |
|
||
|
trusts |
|
||
trust income, deductions considered in calculating |
95 to 102 |
||
unit trusts |
102D to 102L |
||
see also non-resident trust estates and public trading trusts |
|
||
|
uniforms |
|
||
non-compulsory uniforms |
51AL |
||
|
uranium mining |
|
||
see mining |
|
||
|
water |
|
||
see primary production |
|
||
|
work expenses |
|
||
see substantiation |
|
||
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Income Tax Assessment Act | Apprentice Tax Practitioner Program