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EE 64: Meaning of excluded depreciable property
or “Property bought or used before certain dates that has special tax rules”
You could also call this:

“Highest value allowed for pooling depreciable property”

The maximum pooling value for an item of depreciable property is the higher of two amounts. The first amount is $5,000. The second amount is a value set by the Tax Administration Act 1994 in section 91AAL. You use whichever of these two amounts is bigger.

The Governor-General can make a rule to increase the $5,000 amount. If they do make this rule, it becomes a type of law called secondary legislation. You can find out more about secondary legislation in Part 3 of the Legislation Act 2019.

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Next up: EE 66: Meaning of poolable property

or “What property can be grouped together for tax depreciation”
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Part E Timing and quantifying rules
Depreciation: Definitions

EE 65Meaning of maximum pooling value

  1. Maximum pooling value, for an item of depreciable property, means the greater of—

  2. $5,000; and
    1. the value set in a determination issued under section 91AAL of the Tax Administration Act 1994 applying to the item.

      1. The Governor-General may make an Order in Council increasing the sum specified in subsection (1)(a).

      2. An Order in Council under subsection (2) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

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      Notes
      • Section EE 65(1)(a): the sum specified in this paragraph was increased, on (applying for the 2015–16 income year and later income years), by clause 3(1) of the Income Tax (Maximum Pooling Value) Order 2015 (LI 2015/141).
      • Section EE 65(3) heading: inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
      • Section EE 65(3): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).