Tax Laws Amendment (Small Business Measures No. 2) Act 2015

Tax Laws Amendment (Small Business Measures No. 2) Act 2015

No. 67, 2015

Compilation No. 1

Compilation date:    22 June 2017

Includes amendments up to: Act No. 56, 2017

Registered:    27 June 2017

About this compilation

This compilation

This is a compilation of the Tax Laws Amendment (Small Business Measures No. 2) Act 2015 that shows the text of the law as amended and in force on 22 June 2017 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

1 Short title

2 Commencement

3 Schedules

Schedule 1—Accelerated depreciation for small business entities

Part 1—Main amendments

Income Tax Assessment Act 1997

Income Tax (Transitional Provisions) Act 1997

Schedule 2—Accelerated depreciation for primary producers

Income Tax Assessment Act 1997

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

An Act to amend the law relating to taxation, and for related purposes

1  Short title

  This Act may be cited as the Tax Laws Amendment (Small Business Measures No. 2) Act 2015.

2  Commencement

 (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

 (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedules

  Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Accelerated depreciation for small business entities

Part 1—Main amendments

Income Tax Assessment Act 1997

1  At the end of subsection 328‑175(10)

Add:

Note 3: Subsections 328‑180(2) and (3) of the Income Tax (Transitional Provisions) Act 1997 affect the operation of this subsection in relation to income years ending on or after 12 May 2015.

2  At the end of paragraph 328‑180(1)(b)

Add:

Note: This threshold is $20,000 for assets you first acquire between 12 May 2015 and 30 June 2017: see subsection 328‑180(4) of the Income Tax (Transitional Provisions) Act 1997.

3  At the end of paragraphs 328‑180(2)(a) and (3)(a)

Add:

Note: This threshold is $20,000 for costs included between 12 May 2015 and 30 June 2017: see subsection 328‑180(5) of the Income Tax (Transitional Provisions) Act 1997.

4  Subsection 328‑210(1) (note)

Omit “Note”, substitute “Note 1”.

5  At the end of subsection 328‑210(1)

Add:

Note 2: This threshold is $20,000 for income years ending on or after 12 May 2015 and on or before 30 June 2017: see subsection 328‑180(6) of the Income Tax (Transitional Provisions) Act 1997.

6  At the end of subsection 328‑250(1)

Add:

Note: The threshold in subsection 328‑180(1) is $20,000 (instead of $1,000) for assets first acquired between 12 May 2015 and 30 June 2017: see subsection 328‑180(4) of the Income Tax (Transitional Provisions) Act 1997.

7  At the end of subsection 328‑250(4)

Add:

Note: The threshold in subsection 328‑180(1) is $20,000 (instead of $1,000) for assets acquired between 12 May 2015 and 30 June 2017: see subsection 328‑180(4) of the Income Tax (Transitional Provisions) Act 1997.

8  At the end of subsection 328‑253(4)

Add:

Note: The threshold in subsection 328‑180(1) is $20,000 (instead of $1,000) for assets first acquired between 12 May 2015 and 30 June 2017: see subsection 328‑180(4) of the Income Tax (Transitional Provisions) Act 1997.

Income Tax (Transitional Provisions) Act 1997

9  After section 328‑175

Insert:

328‑180  Increased access to accelerated depreciation from 12 May 2015 to 30 June 2017

 (1) In this section:

2015 budget time means 7.30 pm, by legal time in the Australian Capital Territory, on 12 May 2015.

increased access year means an income year that ends:

 (a) on or after 12 May 2015; and

 (b) on or before 30 June 2017.

Restrictions on making choice

 (2) In determining whether you can choose to use Subdivision 328‑D of the Income Tax Assessment Act 1997 in an increased access year, disregard subsection 328‑175(10) of that Act.

 (3) In applying paragraph 328‑175(10)(b) of that Act for the purpose of determining whether you can choose to use that Subdivision in any income year after the increased access years, disregard:

 (a) the increased access years, other than the last of the increased access years; and

 (b) all earlier income years.

Assets costing less than $20,000

 (4) Paragraph 328‑180(1)(b) of the Income Tax Assessment Act 1997 applies to a depreciating asset as if a reference in that paragraph to $1,000 were a reference to $20,000, if:

 (a) you first acquired the asset at or after the 2015 budget time; and

 (b) you:

 (i) first used the asset, for a taxable purpose, at or after the 2015 budget time and on or before 30 June 2017; or

 (ii) first installed the asset ready for use, for a taxable purpose, at or after the 2015 budget time and on or before 30 June 2017.

 (5) Paragraph 328‑180(2)(a) or (3)(a) of the Income Tax Assessment Act 1997 applies to an amount included in the second element of the cost of an asset as if a reference in that paragraph to $1,000 were a reference to $20,000, if the amount is so included at any time:

 (a) at or after the 2015 budget time; and

 (b) on or before 30 June 2017.

Low value pool

 (6) Section 328‑210 of the Income Tax Assessment Act 1997 applies in relation to a deduction for an increased access year as if a reference in that section to $1,000 were a reference to $20,000.

Schedule 2—Accelerated depreciation for primary producers

Income Tax Assessment Act 1997

1  Section 12‑5 (table item headed “capital allowances”)

Omit:

substitute:

2  Section 40‑10 (table item 1.5)

Repeal the item, substitute:

3  At the end of paragraph 40‑53(1)(b)

Add “, *fodder storage asset or *fencing asset”.

4  Section 40‑510

Omit “or horticultural plants”, substitute “, horticultural plants, fodder storage assets or fencing assets”.

5  Section 40‑515 (heading)

Repeal the heading, substitute:

40‑515  Water facilities, horticultural plants, fodder storage assets and fencing assets

6  After paragraph 40‑515(1)(b)

Insert:

 ; (c) a *fodder storage asset;

 (d) a *fencing asset.

7  At the end of subsection 40‑515(3)

Add:

 ; or (c) for a *fodder storage asset—the amount of capital expenditure incurred on the asset; or

 (d) for a *fencing asset—the amount of capital expenditure incurred on the asset.

8  Subsection 40‑515(4) (heading)

Repeal the heading, substitute:

Reduction of deduction: water facilities, fodder storage assets and fencing assets

9  Subsection 40‑515(4)

After “*water facility”, insert “, *fodder storage asset or *fencing asset”.

10  Subsection 40‑515(4)

Omit “the facility’s decline in value”, substitute “the decline in value of the facility or asset”.

11  Section 40‑520 (heading)

Repeal the heading, substitute:

40‑520  Meaning of water facility, horticultural plant, fodder storage asset and fencing asset

12  At the end of section 40‑520

Add:

 (3) A fodder storage asset is an asset or a structural improvement, or a repair of a capital nature, or an alteration, addition or extension, to an asset or a structural improvement, that is primarily and principally for the purpose of storing fodder.

 (4) A fencing asset is:

 (a) an asset or a structural improvement that is a fence; or

 (b) a repair of a capital nature, or an alteration, addition or extension, to a fence.

13  Subsections 40‑525(1) and (2) (paragraph (a) of the note)

Omit “in a determination made”.

14  At the end of section 40‑525

Add:

Fodder storage assets

 (3) The capital expenditure you incurred on the construction, manufacture, installation or acquisition of the *fodder storage asset must have been incurred primarily and principally for use in a *primary production business that you conduct on land in Australia.

Note: If Division 250 applies to you and an asset that is a fodder storage asset:

(a) if section 250‑150 applies—the condition in this subsection is taken to be satisfied for the asset to the extent specified under subsection 250‑150(3); or

(b) otherwise—the condition in this subsection is taken not to be satisfied for the asset.

Fencing assets

 (4) The capital expenditure you incurred on the construction, manufacture, installation or acquisition of the *fencing asset must have been incurred primarily and principally for use in a *primary production business that you conduct on land in Australia.

Note: If Division 250 applies to you and an asset that is a fencing asset:

(a) if section 250‑150 applies—the condition in this subsection is taken to be satisfied for the asset to the extent specified under subsection 250‑150(3); or

(b) otherwise—the condition in this subsection is taken not to be satisfied for the asset.

15  Section 40‑530

Repeal the section, substitute:

40‑530  When declines in value start

 (1) A *water facility, *fodder storage asset or *fencing asset starts to decline in value in the income year in which you first incur expenditure on the facility or asset.

 (2) A *horticultural plant starts to decline in value in:

 (a) if you are the first entity to satisfy a condition in subsection 40‑525(2) for the plant—the income year in which the first commercial season starts; or

 (b)  if not—the later of the income year in which you first satisfied that condition and the income year in which the first commercial season starts.

16  Section 40‑540

Repeal the section, substitute:

40‑540  How you work out the decline in value for water facilities

 (1) The decline in value of a *water facility for the income year in which you incurred the expenditure is the amount of capital expenditure you incurred on the construction, manufacture, installation or acquisition of the water facility.

 (2) However, disregard expenditure that you cannot deduct because of section 26‑100 (about water infrastructure improvement expenditure).

17  After section 40‑545

Insert:

40‑548  How you work out the decline in value for fodder storage assets

  You work out the decline in value of a *fodder storage asset for an income year in this way for the income year in which you incurred the expenditure and the 2 following years:

where:

expenditure is the amount of capital expenditure you incurred on the construction, manufacture, installation or acquisition of the *fodder storage asset.

40‑551  How you work out the decline in value for fencing assets

  The decline in value of a *fencing asset for the income year in which you incurred the expenditure is the amount of capital expenditure you incurred on the construction, manufacture, installation or acquisition of the fencing asset.

18  Subsection 40‑555(1)

Omit “person”, substitute “entity”.

19  At the end of section 40‑555

Add:

Fodder storage assets

 (4) You cannot deduct an amount for any income year for capital expenditure on the acquisition of a *fodder storage asset if any entity has deducted or can deduct an amount under this Subdivision for any income year for earlier capital expenditure on:

 (a) the construction or manufacture of the asset; or

 (b) a previous acquisition of the asset.

Note: A depreciating asset and a repair of a capital nature or an alteration, addition or extension to that asset that is a fodder storage asset are not the same depreciating asset for the purposes of section 40‑50 and this Subdivision: see section 40‑53.

Fencing assets

 (5) You cannot deduct an amount for any income year for capital expenditure on the acquisition of a *fencing asset if any entity has deducted or can deduct an amount under this Subdivision for any income year for earlier capital expenditure on:

 (a) the construction or manufacture of the fencing asset; or

 (b) a previous acquisition of the fencing asset.

Note: A depreciating asset and a repair of a capital nature or an alteration, addition or extension to that asset that is a fencing asset are not the same depreciating asset for the purposes of section 40‑50 and this Subdivision: see section 40‑53.

 (6) You cannot deduct an amount for any income year for capital expenditure on a *fencing asset to the extent that any entity has deducted or can deduct the amount under subsection 40‑630(1) (about landcare operations).

 (7) You cannot deduct an amount for any income year for capital expenditure on a *fencing asset if the fencing asset is (or is a repair, alteration, addition or extension to):

 (a) a stockyard or pen; or

 (b) a portable fence.

20  Subsection 995‑1(1)

Insert:

fencing asset has the meaning given by subsection 40‑520(4).

fodder storage asset has the meaning given by subsection 40‑520(3).

21  Application of amendments

The amendments made by this Schedule apply to assets that an entity starts to hold, or to expenditure an entity incurs, at or after 7.30 pm, by legal time in the Australian Capital Territory, on 12 May 2015.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history