Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

INCOME TAX ASSESSMENT ACT 1997 - SECT 40.300

Meaning of termination value

  (1)   The termination value of a * depreciating asset is worked out as at the time when the * balancing adjustment event occurs. It is:

  (a)   if an item in the table in subsection   (2) applies--the amount specified in that item; or

  (b)   otherwise--the amount you are taken to have received under section   40 - 305 for the asset.

Note:   Section   230 - 505 provides special rules for working out the amount of consideration for an asset if the asset is a Division   230 financial arrangement or a Division   230 financial arrangement is involved in that consideration.

  (2)   If more than one item applies, use the value under the last applicable item.

 

Termination value table

Item

For this balancing adjustment event:

The termination value is:

1

You stop using a * depreciating asset, or having it * installed ready for use, for any purpose and you expect never to use it again even though you still * hold it

The * market value of the asset when you stopped using it or having it * installed ready for use

2

You decide never to use a * depreciating asset that you have not used even though you still * hold it

The * market value of the asset when you make the decision

3

You stop using * in - house software for any purpose and you expect never to use it again even though you still * hold it

Zero

4

You decide never to use * in - house software that you have not used even though you still * hold it

Zero

5

One or more partners stop holding a * depreciating asset when it becomes a partnership asset or a * balancing adjustment event referred to in subsection   40 - 295(2) occurs

The * market value of the asset when the partnership started to * hold it or when the balancing adjustment event occurred

6

You stop * holding a * depreciating asset under an * arrangement and:

(a) there is at least one other party to the arrangement with whom you did not deal at * arm's length; and

(b) apart from this item, the * termination value would be less than its * market value

The market value of the asset just before you stopped holding it

7

You stop * holding a * depreciating asset under an * arrangement that was private or domestic in nature to you (for example, a gift)

The * market value of the asset just before you stopped * holding it

8

A * depreciating asset is lost or destroyed

The amount or value received or receivable under an insurance policy or otherwise for the loss or destruction

9

You stop * holding a * depreciating asset because you die and the asset starts being held by the * legal personal representative

The asset's * adjustable value on the day you died or, if the asset is allocated to a low - value pool, so much of the * closing pool balance for the income year in which you died as is reasonably attributable to the asset

10

You stop * holding a * depreciating asset because it * passes directly to a beneficiary or joint tenant when you die

The * market value of the asset on the day you die

11

A * depreciating asset for which the * Finance Minister has determined an amount for you under section   52A of the Airports (Transitional) Act 1996

The amount so determined

13

The * balancing adjustment event occurs under subsection   40 - 295(1A)

Zero

14

The * balancing adjustment event occurs under subsection   40 - 295(1B)

What would, apart from subsection   40 - 285(3), be the asset's * adjustable value on the day the * balancing adjustment event occurs

  (3)   The termination value of a * depreciating asset does not include an amount that is included in assessable income as * ordinary income under section   6 - 5 or as * statutory income under section   6 - 10 (except an amount that is statutory income under this Division).

Note 1:   Termination value may be adjusted under Subdivision   27 - B so that any GST consequences are accounted for.

Note 2:   Termination value may be reduced under section   40 - 1105 to account for exploration benefits received under farm - in farm - out arrangements.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback