Part E
Timing and quantifying rules
Depreciation
EE 16Amount resulting from standard calculation
For the purposes of the comparison of amounts required by section EE 14(1), the amount dealt with in this section is calculated using the formula—
Where:
The items in the formula are defined in subsections (3) to (5).
Annual rate is the annual rate that, in the income year, applies to the item of depreciable property under the depreciation method that the person uses for the item. It is expressed as a decimal.
Value or cost is,—
- when the person uses the diminishing value method, the item’s adjusted tax value at the end of the income year before the deduction of an amount of depreciation loss for the item for the income year:
- when the person uses the straight-line method,—
- for a patent, design registration, or plant variety rights in relation to which the person has been allowed a deduction for an amount of depreciation loss for the relevant application, the item’s adjusted tax value at the start of the month in which the person acquires it:
- for a design registration to which subparagraph (i) does not apply, for a design registration application, or for industrial artistic copyright, its cost to the person, but excluding expenditure that the person incurred before 7 November 2013 or for which they are allowed a deduction under a provision of this Act outside this subpart:
- for other items, its cost to the person excluding expenditure for which the person is allowed a deduction under a provision of this Act outside this subpart:
- for a patent, design registration, or plant variety rights in relation to which the person has been allowed a deduction for an amount of depreciation loss for the relevant application, the item’s adjusted tax value at the start of the month in which the person acquires it:
- for the purposes of paragraph (b), variations to cost are in sections EE 18 to EE 19.
Months, for a person whose income year contains 365 days or fewer, or 366 days or fewer in a leap year, is the lesser of the following:
- 12; and
- the number of whole or part calendar months in the income year in which—
- the person owns the item; and
- the person uses the item or has it available for use for any purpose.
- the person owns the item; and
Months, for a person whose income year contains more than 365 days, or more than 366 days in a leap year, is the number of whole or part months in the income year in which—
- the person owns the item; and
- the person uses the item or has it available for use for any purpose.
For the purposes of subsections (5) and (6), for a patent application and a design registration application, months refers to whole calendar months and whole months, as applicable.
Compare
- 2004 No 35 s EE 16
Notes
- Section EE 16(4)(b)(i): amended (with effect on 1 April 2015 and applying for the 2015–16 and later income years), on , by section 116(1) of the Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 (2016 No 1).
- Section EE 16(4)(b)(ib): inserted (with effect on 1 April 2015 and applying for the 2015–16 and later income years), on , by section 116(2) of the Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 (2016 No 1).
- Section EE 16(4)(c): amended (with effect on 1 April 2015 and applying for the 2015–16 and later income years), on , by section 116(3) of the Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 (2016 No 1).
- Section EE 16(7) heading: amended (with effect on 1 April 2015), on , by section 116(4) of the Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 (2016 No 1).
- Section EE 16(7): amended (with effect on 1 April 2015 and applying for the 2015–16 and later income years), on , by section 116(5) of the Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 (2016 No 1).
- Section EE 16 list of defined terms design registration: inserted (with effect on 1 April 2015), on , by section 116(6) of the Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 (2016 No 1).
- Section EE 16 list of defined terms design registration application: inserted (with effect on 1 April 2015), on , by section 116(6) of the Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 (2016 No 1).
- Section EE 16 list of defined terms industrial artistic copyright: inserted (with effect on 1 April 2015), on , by section 116(6) of the Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 (2016 No 1).