Document ID: chunk:federal_register_of_legislation:C2025C00029:section:3:p12
Version: federal_register_of_legislation:C2025C00029
Segment Type: section
Provision Reference: s 3 (pt 12/34)
Character Range: 1690073–1692715

*ADI;
 (b) any deduction under section 25‑5 (about tax‑related expenses);
 (c) any loss or outgoing incurred in relation to preparation or lodgment of any document the entity is required to lodge under the Corporations Act 2001;
 (d) any fee or charge payable by the entity to an *Australian government agency for any licence, permission, approval, authorisation, registration or certification (however described) that is granted or given under an *Australian law.
 (3) However, paragraph (2)(c) does not include any payment that the entity makes to an *associate.

86‑70  Car expenses

Cars used solely for business
 (1) Section 86‑60 does not stop a *personal services entity deducting a *car expense for a *car of which there is no *private use.

Other cars
 (2) Section 86‑60 does not stop a *personal services entity deducting:
 (a) a *car expense; or
 (b) an amount of tax payable under the Fringe Benefits Tax Assessment Act 1986 for a *car fringe benefit;
for a *car of which there is *private use. However, there cannot be, at the same time, more than one car for which such deductions can arise in relation to gaining or producing the same individual's *personal services income.
 (3) If there is more than one *car to which subsection (2) could apply at the same time, the entity must choose the car to which subsection (2) applies at that time. The choice remains in effect until the entity ceases to *hold that car.
Example: Continuing example 2 in section 86‑20: Assume that NewIT provides 3 cars to Ron. Car 1 is used solely for business purposes and cars 2 and 3 are used for private purposes.
 NewIT can deduct all the car expenses it incurs for car 1. It can also deduct all the car expenses it incurs for its choice of either car 2 or car 3, as well as the fringe benefits tax it pays for that car. However, it cannot deduct any car expenses or fringe benefits tax for the car that it does not choose.
Note: If car expenses for a car are not deductible because of section 86‑60, the car benefit being provided is an exempt benefit for the purposes of fringe benefits tax: see subsection 8(4) of the Fringe Benefits Tax Assessment Act 1986.

86‑75  Superannuation
 (1) Section 86‑60 does not stop a *personal services entity deducting a contribution the entity makes to a fund or an *RSA for the purpose of making provision for *superannuation benefits payable for an individual whose *personal services income is included in the entity's *ordinary income or *statutory income.
For deductions for superannuation contributions: see Subdivision AA of Division 3 of Part III of the Income Tax Assessment Act 1936.
 (2) However,