Document ID: chunk:federal_register_of_legislation:C2025C00029:section:8:p16
Version: federal_register_of_legislation:C2025C00029
Segment Type: section
Provision Reference: s 8 (pt 16/30)
Character Range: 4201569–4204062

would be able to deduct in relation to the asset, or expenditure in relation to the asset, under Division 40 or Division 43 in relation to the *arrangement period if this Division did not apply to you and the asset.
           Step 3. Deduct the amount obtained in Step 2 from the amount obtained in Step 1. The result is the alternative assessable amount.
 (4) To avoid doubt, the amounts referred to in subsections (2) and (3) are all the amounts that would be likely to be included in your assessable income, or deducted, for all the income years during the whole, or a part, of which the asset is *put to the tax preferred use.
 (5) The point in time to be used in determining, for the purposes of this section:
 (a) the present value of an amount that is included in your assessable income for an income year; or
 (b) the present value of an amount that you would be able to deduct for an income year;
is the end of the income year.

250‑45  Fifth exclusion—Commissioner determination
  This Division does not apply to you and an asset at a particular time if:
 (a) you request the Commissioner to make a determination under this subsection; and
 (b) the Commissioner determines that it is unreasonable that the Division should apply to you and the asset at that time, having regard to:
 (i) the circumstances because of which this Division would apply to you and the asset; and
 (ii) any other relevant circumstances.

Tax preferred use of asset

250‑50  End user of an asset
 (1) An entity (other than you) is an end user of an asset if the entity (or a *connected entity):
 (a) uses, or effectively controls the use of, the asset; or
 (b) will use, or effectively control the use of, the asset; or
 (c) is able to use, or effectively control the use of, the asset; or
 (d) will be able to use, or effectively control the use of, the asset.
 (2) The control referred to in subsection (1) may be direct or indirect.
 (3) For the purposes of subsection (1), disregard any temporary control of the asset that is for the purpose of ensuring public health or safety, protecting the environment or continuing the supply of an essential service.
 (4) To avoid doubt, an entity is taken to be an end user of an asset if the entity (or a *connected entity) holds rights as a lessee under a lease of the asset.
Note: For particular arrangements that are treated as leases, see section 250‑80.

250‑55  Tax preferred end user
  An *end user of an asset is a tax preferred end user if:
 (a) the end