Document ID: chunk:federal_register_of_legislation:C2025C00029:section:10:p2
Version: federal_register_of_legislation:C2025C00029
Segment Type: section
Provision Reference: s 10 (pt 2/17)
Character Range: 867153–869852

Division does not apply to an asset that is an eligible work related item for the purposes of section 58X of the Fringe Benefits Tax Assessment Act 1986 where the relevant benefit provided by the employer is an expense payment benefit or a property benefit (within the meaning of that Act).

Capital works
 (2) This Division does not apply to capital works for which you can deduct amounts under Division 43, or for which you could deduct amounts under that Division:
 (a) but for expenditure being incurred, or capital works being started, before a particular day; or
 (b) had you used the capital works for a purpose relevant to those capital works under section 43‑140.
Note: Section 43‑20 lists the capital works to which that Division applies.

Films
 (5) This Division does not apply to a *depreciating asset if you or another taxpayer has deducted or can deduct amounts for it under:
 (a) former Division 10BA of Part III of the Income Tax Assessment Act 1936 (about Australian films); or
 (b) former Division 10B of Part III of that Act if the depreciating asset relates to a copyright in an Australian film within the meaning of that Division.
 (6) This Division applies to a *depreciating asset that is copyright in a *film where a company is entitled to a *tax offset under section 376‑55 in respect of the film as if the asset's *cost were reduced by the amount of that offset.

40‑50  Assets for which you deduct under another Subdivision
 (1) You cannot deduct an amount, or work out a decline in value, for a *depreciating asset under this Subdivision if you or another taxpayer has deducted or can deduct amounts for it under Subdivision 40‑F (about primary production depreciating assets), 40‑G (about capital expenditure of primary producers and other landholders) or 40‑J (about capital expenditure for the establishment of trees in carbon sink forests).
 (2) You cannot deduct an amount, or work out a decline in value, for *in‑house software under this Subdivision if you have allocated expenditure on the software to a software development pool under Subdivision 40‑E.

40‑53  Alterations etc. to certain depreciating assets
 (1) These things are not the same *depreciating asset for the purposes of section 40‑50 and Subdivision 40‑F:
 (a) a depreciating asset; and
 (b) a repair of a capital nature, or an alteration, addition or extension, to that asset that would, if it were a separate depreciating asset, be a *water facility, *fodder storage asset or *fencing asset.
 (2) These things are not the same *depreciating asset for the purposes of section 40‑50 and Subdivision 40‑G:
 (a) a depreciating asset; and
 (b) a repair of a capital nature, or an alteration, addition