For the purposes of Subdivision 40 - E of the Income Tax Assessment Act 1997 , you cannot allocate a depreciating asset to a low - value pool if:
(a) you can deduct an amount for the asset under former section 73BA of the Income Tax Assessment Act 1936 ; or
(b) you could so deduct an amount if you had not chosen a tax offset under former section 73I of that Act;
for a period before, or starting at the same time as, the allocation has effect.