Document ID: chunk:federal_register_of_legislation:C2025C00029:section:3:p22
Version: federal_register_of_legislation:C2025C00029
Segment Type: section
Provision Reference: s 3 (pt 22/54)
Character Range: 1142994–1145764

July 1985, or after 26 February 1992 and before 1 July 1997, that, at the time of completion of its construction, was intended to be used in the way referred to in Column 3 of Table 43‑90 (intended use at completion) for a hotel building; or
 (b) a building begun after 30 June 1997 and that, in the income year, is used in the way referred to in Column 3 (time period 2) of Table 43‑145 (use in the 4% manner) for a hotel building.
 (2) An apartment building is:
 (a) a building begun after 21 August 1979 and before 18 July 1985, or after 26 February 1992 and before 1 July 1997, that, at the time of completion of its construction, was intended to be used in the way referred to in Column 3 of Table 43‑90 for an apartment building; or
 (b) a building begun after 30 June 1997 and that, in the income year, is used in the way referred to in Column 3 (time period 2) of Table 43‑145 for an apartment building.

43‑100  Certificates by Industry Innovation and Science Australia
  A certificate by *Industry Innovation and Science Australia stating that activities carried on by or for an entity were or were not *core R&D activities or *supporting R&D activities is conclusive for the purposes of this Division.
Note: Core R&D activities and supporting R&D activities are kinds of R&D activities.

Subdivision 43‑C—Your area and your construction expenditure

Guide to Subdivision 43‑C

43‑105  What this Subdivision is about

      This Subdivision explains your area and your construction expenditure.

Table of sections
43‑110 Explanatory material

Operative provisions
43‑115 Your area and your construction expenditure—owners
43‑120 Your area and your construction expenditure—lessees and quasi‑ownership right holders
43‑125 Lessees' or right holders' pools can revert to owner
43‑130 Identifying your area on acquisition or disposal

43‑110  Explanatory material
  You can only get a deduction under this Division for an income year if you own, lease or hold part of a construction expenditure area of capital works. The area you own, lease or hold is called your area.
  In working out your deductions, you must identify your area for each construction expenditure area of the capital works.
  Your area may comprise the whole of the construction expenditure area or part of it.
Note: In certain circumstances the notional buyer of property is taken to be its owner (see subsection 240‑20(2)).

Operative provisions

43‑115  Your area and your construction expenditure—owners
 (1) Your area is the part of the *construction expenditure area that you own.
 (2) Your construction expenditure is the portion of the *pool of construction expenditure that is attributable to your area.

43‑120  Your area and your construction expenditure—lessees and quasi‑ownership