Document ID: chunk:federal_register_of_legislation:C2025C00029:section:12:p19
Version: federal_register_of_legislation:C2025C00029
Segment Type: section
Provision Reference: s 12 (pt 19/34)
Character Range: 5123158–5125863

pool which you started to use, or have installed ready for use, for a taxable purpose during an income year for which you were a small business entity and chose to use this Subdivision is:
                  * 0.85 for the income year after it is allocated to the pool; and
                  * 0.595 for the income year after that; and
                  * 0.417 for the income year after that.

Exceptions
 (5) However:
 (a) you do not need to make an estimate or an adjustment under this section for a *depreciating asset for an income year that is at least 3 income years after the income year in which the asset was allocated; and
 (b) you cannot make an adjustment for a depreciating asset if your reasonable estimate of the proportion you use a depreciating asset, or have it *installed ready for use, for a *taxable purpose changes in a later income year by the 10 percentage points mentioned in subsection (1) or less.

328‑230  Estimate where deduction denied
  This Subdivision applies to you as if you had estimated that you will not use, or have *installed ready for use, a *depreciating asset at all for a *taxable purpose during an income year if a provision of this Act outside this Division denies a deduction for the asset for that year.

328‑235  Interaction with Divisions 85 and 86
 (1) Despite sections 85‑10 and 86‑60, if you are a *small business entity for an income year you can deduct amounts for *depreciating assets under this Subdivision.
 (2) However, you cannot deduct an amount for a *car under this Subdivision if, had you not been a *small business entity and chosen to use this Subdivision, sections 86‑60 and 86‑70 would have prevented you deducting an amount for it.

Special rules about roll‑overs

328‑243  Roll‑over relief
 (1A) There is roll‑over relief under subsection 40‑340(1) (as affected by subsection 40‑340(2)) if:
 (a) *balancing adjustment events occur for *depreciating assets on a day (the BAE day) because an entity (the transferor) disposes of the assets in an income year to another entity (the transferee); and
 (b) the disposal involves a *CGT event; and
 (c) the conditions in item 1, 2, 3 or 8 of the table in subsection 40‑340(1) are satisfied; and
 (d) deductions for the assets are calculated under this Subdivision; and
 (e) the transferor and the transferee jointly choose the roll‑over relief; and
 (f) the condition in subsection (2) is met.
 (1) Roll‑over relief can be chosen under subsection 40‑340(3) if:
 (a) *balancing adjustment events occur for *depreciating assets on a day (the BAE day) because of subsection 40‑295(2); and
 (b) deductions for the assets are calculated under this Subdivision; and
 (c) the entity or entities that