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.

accrued leave transfer payments

 

..........

51(3)

advance expenditure

 

generally

82KZL to 82KZO

avoidance arrangements

82KJ

when deductible

82KZM

associated persons

 

associated persons and relatives, amounts paid to, reduction of deduction


65(1) to 65(1F)

family members, expenses incurred in maintaining, no deduction for


65(2)

averaging of incomes

 

generally

149 to 158A

excess of allowable deductions

154

bad debts

 

general

63, 63F

companies

63A to 63CA

debt/equity swaps

63E, 63F

money lenders, listed country branches, no deduction
for


63D

see also losses

 

banks

 

Commonwealth Savings Bank of Australia

160ABB

foreign banks, Australian branches of

160ZZVA to 160ZZZJ

boats

 

no deduction for

51AB

see also depreciation

 

borrowing expenses

 

..........

67

buildings

 

capital allowances

Division 40

income producing buildings, capital allowances

Division 43

see also heritage conservation work

 

capital allowances

 

..........

Division 40

see also depreciation and development allowance

 

capital gains

 

no deduction for an amount that would otherwise be deductible only because a net capital gain is included in assessable income



51AAA

capital loss

 

net capital loss, no deduction for

160ZO

net capital loss, transfer within company group

160ZP

car disposal

 

see depreciation

 

car expenses

 

generally

Division 28

"cents per kilometre" method

Subdivision 28-C

"log book" method

Subdivisions 28-F and 28-G

"one-third of actual expenses" method

Subdivision 28-E

substantiation of car expenses

Division 900

"12% of original value" method

Subdivision 28-D

car expenses of employee

 

employee’s car expenses where car provided by employer can be used for private purposes, no deduction for .


51AF

car parking

 

employee’s car parking expenses, no deduction for

51AGA

self-employed persons, partnerships and trusts car parking expenses, no deduction for


51AGB

self-employed persons, partnerships and trusts car parking expenses, reduced deduction approved using allowed method



89A to 89JC

children’s income

 

generally

102AA to 102AJ

taxable income of a child, deductions taken into consideration in calculating


102AD

club fees

 

club fees, no deduction for

51AB

see also subscriptions to associations

 

companies, co-operative and mutual

 

generally

117 to 121

distributions of assessable income

120

companies, private

 

excessive payments to shareholders directors and associates, reduced deduction


109

composite incomes

 

more than one class of income, order in which deductions must be claimed if entity in receipt of


50

controlled foreign companies

 

generally

316 to 468

bad debts

399A

depreciation

398

finance share dividends

394

taxes paid

393

convertible notes

 

see interest

 

copyrights

 

expenditure in obtaining registration

68A

currency exchange gains and losses

 

see foreign exchange

 

depreciation

 

generally

54 to 62AAV

calculation of depreciation

56

car disposal, balancing adjustment under section 59 may be reduced by Commissioner


59AAA

deduction for

54

disposal, loss or destruction of depreciated property, balancing adjustment


59

iron and steel production, special depreciation

57AK

motor vehicle, limit on cost price

57AF

partial use of property, only partial deduction

61

roll-over relief, unpooled property

58

trading ships, special depreciation

57AM

designs

 

expenditure in obtaining or extending registration

68A

development allowance

 

generally

82AAAA to 82AQ

disposal of property after 12 months.

82AH

leased property, limit on deduction for

26-55

lessor may transfer benefit of deduction to lessee

82AD

new property, capital expenditure incurred after 26 February 1992, additional deduction


82AB, 82AM

disposal of depreciated property

 

see depreciation

 

dividends

 

debt dividends

67AA

franking credits, companies and non-residents

160AR, 160ARD

franking credits, pooled development funds (PDFs)

124ZM

drought investment allowance

 

see primary production

 

education expenses

 

Higher Education Contribution Scheme, no deduction unless provided as fringe benefit


51(6), 51(6A)

limit on deduction

82A

election expenses

 

Federal and State Parliament election expenses

74, 74B

local government election expenses, limited deduction
for


74A, 74B

electricity connections

 

capital cost of

70A

embezzlement

 

embezzlement, defalcation, larceny, misappropriation, losses caused by


71

employees

 

pensions, gratuities or retiring allowances for ex-employees


78

see also shares

 

entertainment

 

expenditure, no deduction for some

51AE

meal entertainment, calculation of deductible amount

51AEA to 51AEC

environment

 

environmental impact studies

82B to 82BG

environment protection expenditure

82BH to 82BR

exploration and prospecting

 

..........

Subdivision 330-A

film income

 

Australian films

124ZAA to 124ZAP

exempt film income

23H

see also losses

 

financial arrangements

 

see borrowing expenses, infrastructure borrowings, interest, leases and securities

 

foreign exchange

 

losses

82U to 82ZB

foreign income

 

limit on deduction

79D

foreign investment funds (FIFs)

 

generally

469 to 624

loss under cash surrender values method

533

loss under market value method

532

notional deductions

567 to 574

foreign life assurance policies

 

see foreign investment funds

 

foreign tax credits

 

generally

160AE to 160AFF

Australian branch of a foreign bank, foreign tax paid on interest received by the branch from a place outside Australia



160ZZY

freight

 

freight for shipped goods

135A

fringe benefits

 

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

gifts

 

general

78

cultural organisations, eligibility criteria

78AA

environmental organisations, eligibility criteria

78AB

limit on deduction

26-55

see also tax avoidance schemes

 

grape vines

 

see primary production

 

horticultural plants

 

see primary production

 

heritage conservation work

 

generally

159U to 159UY

rebate, no deduction if entitled to a

159UU

Higher Education Contribution Scheme (HECS)

 

no deduction for unless fringe benefit

51(6), 51(6A)

income equalisation deposits

 

see primary production

 

industrial property

 

generally

124K to 124Z

deduction for

124M

disposal or lapse of a unit of industrial property

124N, 124PA, 124Q

copyright design and patents, expenditure in obtaining grant or registration


68A

infrastructure borrowings

 

generally

159GZZZZD to 159GZZZZH

no deduction for

159GZZZZE

insurance and annuity business

 

generally

116E to 116J

assets, notional Part IIIA disposal of

116GA

benefits or reinsurance premiums, no deduction for

116HAD

deductions for

116H

investment component, cost of obtaining

116HAC

superannuation premiums, expenditure incurred in obtaining


116HAB

insurance with non-residents

 

generally

141 to 148

insurance premiums, no deduction unless arrangement to pay tax


145

reinsurance, no deduction for resident carrying on insurance business in Australia for reinsurance premiums paid to a non-resident



148

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 .


221YRA(1)

life assurance premiums, interest etc. on loans to finance, no deduction for


67AAA

non-residents, debt creation involving, generally

159GZY to 159GZZF

superannuation contributions, interest etc. on loans to finance, no deduction for


67AAA

thin capitalisation by non-residents, generally

159GZA to 159GZX

see also infrastructure borrowings

 

international agreements

 

see transfer pricing

 

international profit shifting

 

see transfer pricing

 

investment company

 

see shares

 

iron and steel production

 

special depreciation for property used in basic iron and steel production .


57AK

land degradation

 

see primary production

 

larceny

 

see embezzlement

 

lease document expenses

 

..........

68

leases

 

finance leases and arrangements, use of property if end-user an exempt public body or use outside Australia to produce exempt income



159GE to 159GO

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




83 to 89, 88A(3)

leveraged arrangements, property used:

 

other than to produce assessable income; or

 

by a non-resident outside Australia; or

 

by a previous owner

 

..........

51AD

leave payments

 

accrued leave transfer payments

51(3)

no deduction for leave payments until paid

51(3)

legal expenses

 

capital legal expenses, limited deduction for

64A

leisure facilities

 

no deduction for

51AB

life assurance companies

 

..........

110 to 116DK

loans

 

see borrowing expenses, interest and securities

 

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

 

management and investment company shares

 

see shares

 

membership of associations

 

see subscriptions to associations

 

mining

 

generally

Division 330

gold mining

159GZZG to 159GZZZBI

uranium mining

23D

mortgage

 

expenses of discharging a mortgage

67A

motor vehicles

 

see car expenses and leases

 

non-cash transactions

 

non-cash business benefits

51AK

non-cash consideration, money value deemed to have been paid or given


21

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


102AAZC

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


75A

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



159GE to 159GO

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)

qualifying securities

 

see securities

 

quarrying

 

..........

Division 330

regional headquarters (RHQs)

 

..........

82C to 82CE

reimbursements

 

expense payment fringe benefits, reduced deduction

51AH

reinsurance

 

see insurance with non-residents

 

relatives, payments to

 

see associated persons

 

repairs

 

general

53

repair covenants, payment for non-compliance with covenant to repair under lease


53AA

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


221YRA

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


139DC

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


49

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


279B

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


82AAC

contributions to non-complying funds

82AAD,

82AAE

deposits under the Small Superannuation Accounts Act 1995


82AAF

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


177A to 177G

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
group


Subdivision 170-A

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


52A

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
hand


51(2A)

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


51AG

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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