Document ID: chunk:federal_register_of_legislation:C2025C00029:section:12:p7
Version: federal_register_of_legislation:C2025C00029
Segment Type: section
Provision Reference: s 12 (pt 7/34)
Character Range: 5094024–5096872

However, an individual or a company is not your affiliate merely because of the nature of the business relationship you and the individual or company share.
Note: For small business relief purposes, a spouse or a child under 18 years may also be an affiliate under section 152‑47.
Example: A partner in a partnership would not be an affiliate of another partner merely because the first partner acts, or could reasonably be expected to act, in accordance with the directions or wishes of the second partner, or in concert with the second partner, in relation to the affairs of the partnership.
 Directors of the same company, or the company and a director of that company, would be in a similar position.

Subdivision 328‑D—Capital allowances for small business entities

Guide to Subdivision 328‑D

328‑170  What this Subdivision is about

      If you are a small business entity, you can choose to deduct amounts for most of your depreciating assets on a diminishing value basis using a pool that is treated as a single depreciating asset.
      Broadly, the pool is made up of the costs of the depreciating assets that are allocated to it or, in some cases, a proportion of those costs.
      The pool rate is 30%.
      There is a deduction for assets whose cost is less than $1,000 in the income year in which you start to use the asset or have it installed ready for use.
      This Subdivision sets out how to calculate the pool deductions, and also sets out the consequences of:

                (a) disposal of depreciating assets; and
                (b) not choosing to use this Subdivision for an income year after having chosen to do so for an earlier income year; and
                (c) changing the business use of depreciating assets.

Table of sections

Operative provisions
328‑175 Calculations for depreciating assets
328‑180 Assets costing less than $1,000
328‑185 Pooling
328‑190 Calculation
328‑195 Opening pool balance
328‑200 Closing pool balance
328‑205 Estimate of taxable use
328‑210 Low pool value
328‑215 Disposal etc. of depreciating assets
328‑220 What happens if you are not a small business entity or do not choose to use this Subdivision for an income year
328‑225 Change in business use
328‑230 Estimate where deduction denied
328‑235 Interaction with Divisions 85 and 86

Special rules about roll‑overs
328‑243 Roll‑over relief
328‑245 Consequences of roll‑over
328‑247 Pool deductions
328‑250 Deductions for assets first used in BAE year
328‑253 Deductions for cost addition amounts
328‑255 Closing pool balance etc. below zero
328‑257 Taxable use

Operative provisions

328‑175  Calculations for depreciating assets
 (1) You can choose to calculate your deductions and some amounts of assessable income under this Subdivision instead of under Division 40 for an income year for all the *depreciating assets