Commonwealth Consolidated Acts

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INCOME TAX ASSESSMENT ACT 1997 - SECT 28.170

Exception for particular cars used in particular ways

  (1)   For particular types of * cars used in particular ways you don't need to use one of the 2 methods to calculate your deductions for * car expenses.

  (2)   You may use one of the 2 methods, or you may instead calculate the deductions under the normal principles governing deductions, including the rules for apportioning a loss or outgoing that is only partly attributable to producing assessable income.

  (3)   This section applies if, whenever you used the * car in the income year:

  (a)   the car was covered by the description in column 2 of an item in the table below; and

  (b)   you used the car as described in column 3 of that item.

 

Item

Column 2
Particular car

Column 3
Exempt use

1.

The * car was:

(a) a panel van or utility truck; or

(b) any other road vehicle designed to carry a load of less than 1 tonne (other than a vehicle designed principally to carry passengers); or

You used the car only in one or more of the following ways:

(a) in the course of producing your assessable income;

(b) to go between your residence and a place where you use the car in the course of producing your assessable income;

(c) by providing the car to someone else to drive between his or her residence and a place where the car is used in the course of producing your assessable income;

 

(c) a taxi.

(d) for the purpose of travel that is incidental to using the car in the course of producing your assessable income;

(e) for your own or someone else's private use that was minor, infrequent and irregular.

2.

The * car was part of the * trading stock of a * business of selling cars that you carried on.

You used the car in the course of the business.

3.

The * car was any type of car.

You let the car on lease or hire in the course of a * business of letting cars on lease or hire that you carry on.

4.

The * car was any type of car.

As an employer, you provided the car for the exclusive use of one or more of the following:

(a) your employees;

(b) their * relatives;

in circumstances where one or more of them was entitled to use the car for private purposes.

Note:   This Subdivision also applies to entities that are not employers, but pay (or are liable to pay) withholding payments covered by subsection   28 - 185(3).



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