Document ID: chunk:federal_register_of_legislation:C2025C00029:section:3:p24
Version: federal_register_of_legislation:C2025C00029
Segment Type: section
Provision Reference: s 3 (pt 24/54)
Character Range: 1148007–1151222

(part A) throughout the income year, and you acquire the other half (part B) on 1 January. This section ensures that part A is your area for the entire year and that part B is your area for the second 6 months of the year.
Note: This ensures that the same area is not counted twice in calculating your deduction. You will have to make separate deduction calculations if you have identified more than one area as your area of the capital works.

Subdivision 43‑D—Deductible uses of capital works

Guide to Subdivision 43‑D

43‑135  What this Subdivision is about

      You can only get a deduction under this Division if you use your area in a way described in Table 43‑140 or 43‑145 of this Subdivision.

Table of sections

Using your area
43‑140 Using your area in a deductible way
43‑145 Using your area in the 4% manner

Industrial activities
43‑150 Meaning of industrial activities

Build to rent developments
43‑151 Meaning of active build to rent development area
43‑152 Build to rent developments
43‑153 Build to rent developments—eligibility
43‑154 Notice of events
43‑154A References to buildings

Using your area

43‑140  Using your area in a deductible way
 (1) The following table sets out the way you must use *your area in an income year for a deduction to be allowed under section 43‑10 (the main deduction provision). The relevant use depends on the time when the capital works began (Column 1) and the type of capital works (Column 2). Column 3 sets out the use.

Table 43‑140—Current year use
Column 1                        Column 2               Column 3
Date capital works begin        Type of capital works  Use of your area at some time in the income year
Time period 1:                  Any capital works      You use *your area for the purpose of:
After 30/6/97                                          (a) producing assessable income; or
                                                       (b) conducting *R&D activities.
Time period 2:                  *Hotel building        You use *your area for the *purpose of producing assessable income.
27/2/92 to 30/6/97 (inclusive)
                                *Apartment building    You use *your area for the *purpose of producing assessable income.
                                Other capital works    You use *your area for the purpose of:
                                                       (a) producing assessable income; or
                                                       (b) conducting *R&D activities.
Time period 3:                  *Hotel building        You use *your area for the *purpose of producing assessable income and:
Before 27/2/92                                         (a) all or part of that area is used by any entity wholly or mainly to operate a hotel, motel or guest house; and
                                                       (b) that hotel, motel or guest house has at least 10 bedrooms that are used or available for use wholly to provide short‑term accommodation for travellers.
                                *Apartment building    You use *your area for the *purpose of producing assessable income and:
                                                       (a) that area is, is part