000 01910nab a2200229 c 4500
999 _c143441
_d143441
003 ES-MaIEF
005 20210127103842.0
007 ta
008 210127t2020 4 ||||| |||| 00| 0|eng d
040 _aES-MaIEF
_bspa
_cES-MaIEF
100 1 _968148
_aAllen, Christina
245 0 _aFrom uncertainty to objectivity
_breforming tax deductions for repair costs in Australia
_c Christina Allen
260 _c2020
500 _aResumen.
520 _aIn Australia, the cost of repairing an asset used to produce assessable income is immediately deductible under s 25-10 of the Income Tax Assessment Act 1997. To claim this deduction, the repairs must not be of a capital nature. The courts have developed three tests to distinguish repair costs from capital expenses. The first test, the ‘initial repair test’ is fairly sound. However, the other two tests, which focus on replacing and improving assets, are far less reliable. This article begins with a general discussion on repairs and critiques the three tests used for characterising repair costs. It explores the rationale for allowing immediate tax deductions for repair costs and the significant difficulty involved in producing coherent and consistent tax outcomes in practice. Next, the article demonstrates this difficulty through a survey of case law, arguing that the current rules need to be clarified. Lastly, the article recommends that new tax rules be adopted to deal with repair costs, to complement the existing regimes governing depreciating assets and capital works, simplify tax administration and reduce compliance costs.
650 _aIMPUESTOS
_947460
650 4 _aGASTOS DEDUCIBLES
_944899
650 4 _aPRUEBA
_948177
650 4 _932206
_aAUSTRALIA
773 0 _9164098
_oOP 1867/2020/4
_tAustralian Tax Forum: a journal of Taxation Policy, Law and Reform
_w(IEF)103415
_x 0812-695X
_gv. 35, n. 4, 2020, p. 496-520
942 _cART