Document ID: chunk:federal_register_of_legislation:C2004A00844:clause:1_2:p3
Version: federal_register_of_legislation:C2004A00844
Segment Type: clause
Provision Reference: sch 1 cl 2 (pt 3/4)
Character Range: 13295–16079

efficient conduct of your business).

Exception: low‑value pools

 (5) Subsections (2), (3) and (4) do not apply to *depreciating assets allocated to a low‑value pool.

Note: See Subdivision 40‑E for low‑value pools.

Exception: Use of 1/3 of actual expenses method for a car

 (6) Subsections (2), (3) and (4) do not apply to a *car for an income year for which you use the "one‑third of actual expenses" method. Instead, you reduce your deduction by 2/3 of the car's decline in value.

Note: See Division 28 for that method.

Meaning of taxable purpose

 (7) A taxable purpose is:
 (a) the *purpose of producing assessable income; or
 (b) the purpose of *exploration or prospecting; or
 (c) the purpose of *mining site rehabilitation; or
 (d) *environmental protection activities.

Note: Where you have had a deduction under this Division an amount may be included in your assessable income if the expenditure was financed by limited recourse debt that has terminated: see Division 243.

40‑30  What a depreciating asset is

 (1) A depreciating asset is an asset that has a limited *effective life and can reasonably be expected to decline in value over the time it is used, except:
 (a) land; or
 (b) an item of *trading stock; or
 (c) an intangible asset, unless it is mentioned in subsection (2).

 (2) These intangible assets are depreciating assets if they are not *trading stock:
 (a) *mining, quarrying or prospecting rights;
 (b) *mining, quarrying or prospecting information;
 (c) items of *intellectual property;
 (d) *in‑house software;
 (e) *IRUs;
 (f) *spectrum licences;
 (g) *datacasting transmitter licences.

 (3) This Division applies to an improvement to land, or a fixture on land, whether the improvement or fixture is removable or not, as if it were an asset separate from the land.

Note 1: Whether such an asset is a depreciating asset depends on whether it falls within the definition in subsection (1).

Note 2: This Division does not apply to capital works for which you can deduct amounts under Division 43: see subsection 40‑45(2).

 (4) Whether a particular composite item is itself a depreciating asset or whether its components are separate depreciating assets is a question of fact and degree which can only be determined in the light of all the circumstances of the particular case.

Example 1: A car is made up of many separate components, but usually the car is a depreciating asset rather than each component.

Example 2: A floating restaurant consists of many separate components (like the ship itself, stoves, fridges, furniture, crockery and cutlery), but usually these components are treated as separate depreciating assets.

 (5) This Division applies to a renewal or extension of a *depreciating asset that is a right as if the renewal