Part F
Recharacterisation of certain transactions
Tax relief for emergencies:
Replacements: depreciable property
FP 10Replacement reduction for affected depreciable property
This section applies for the purposes of sections FP 9 and FP 11 to determine the amount of the replacement reduction when affected depreciable property is replaced.
If the person acquires an item of replacement property and links it with an affected class of affected depreciable property for which the person does not use the pool method, the amount of the replacement reduction is—
- zero, if the cost of the affected class is equal to or less than the person’s total replacement costs in acquiring, before that item, other replacement property linked with the affected class; or
- in any other case, calculated using the formula—
In the formula in subsection (2),—
- limited replacement cost is the lesser of—
- the amount by which the cost of the affected class exceeds the total replacement costs in acquiring, before the item of replacement property, other replacement property linked with the affected class; and
- the replacement cost of that item:
- the amount by which the cost of the affected class exceeds the total replacement costs in acquiring, before the item of replacement property, other replacement property linked with the affected class; and
- class excess recovery is the amount by which the affected depreciation recovery income for an affected class exceeds the affected depreciation loss for that class:
- affected class cost is the total cost for the person of the affected class.
If the person acquires an item of replacement property and links it with an affected class of affected depreciable property for which the person uses the pool method, the amount of the replacement reduction is the lesser of—
- the replacement cost of the item; and
- the amount of suspended recovery income that remains for the class of affected property after the acquisition of other replacement property but before the acquisition of the item of replacement property.
If items of replacement property are acquired at the same time and the effect of this section depends on the order in which the items are acquired, the items are treated as being acquired in the order chosen by the person in their first return of income in which the acquisition is taken into account.
Notes
- Section FP 10: inserted, on , by section 65 of the Taxation (Annual Rates for 2024–25, Emergency Response, and Remedial Measures) Act 2025 (2025 No 9).