When Bills have been passed and have received Royal Assent, they
become Acts, which can be found at the ComLaw
website.
The purpose of the Tax Laws Amendment (Small Business
Measures No. 2) Bill 2015 (the Bill) is to amend the Income Tax
Assessment Act 1997[1]
(ITAA 1997) and the Income Tax (Transitional Provisions) Act 1997[2]
(Transitional Provisions Act) to implement 2015–16 Budget announcements
relating to accelerated depreciation arrangements for small business and primary
producers.
The changed depreciation arrangements for small business and
primary producers were announced as part of the 2015–16 Budget.[3]
The small business depreciation measure was part of a
broader ‘Growing Jobs and Small Business’ 2015–16 Budget package.[4]
Other elements of this package included:
The commencement dates of the measures, as announced in
the 2015–16 Budget were 12 May 2015 for the small business measures and
1 July 2016 for the primary producer measures.[7]
In economic terms, depreciation generally refers to the
actual pattern of decline in the value of assets as they age, whether due to
obsolescence, physical deterioration, or the fact that they have a finite life.[8]
Measuring economic depreciation can be complex and can involve, for example,
consideration of the changes in the real market value of the asset. In order to
avoid distortions in investment decisions, tax depreciation should mirror this
change in value.[9]
Accelerated depreciation arrangements provide that a taxpayer
can ‘bring forward’ the period(s) over which an asset is depreciated. This may
be by way of a specified reduction in the period(s) over which an asset is
depreciated compared to the periods which would have been used with reference
to the effective life of an asset, or by enabling the cost of the asset to be
deducted in its entirety in a single tax period. By bringing forward the
depreciation expense related to an asset, ‘tax is deferred during the early
years of an asset’s useful life’ and increases in later years.[13]
The benefit to the taxpayer is confined to the deferral of tax. ‘In after tax
terms, accelerated depreciation increases the net present value of an
investment, or its rate of return, above what it would have been in the absence
of accelerated depreciation.’[14]
Accelerated depreciation arrangements involve a cost to
government revenue in the initial period(s) for which the accelerated
arrangements apply. Such arrangements are ‘equivalent to the government
providing an interest free loan to the taxpayer as revenue collections are
lower in the early years but this is entirely offset in later years’.[15]
One potential economic impact of these arrangements is to
distort decisions about the timing of investments and to encourage uneconomic investment—although
these effects are influenced by the rate of inflation, the tax status of an
entity and the marginal tax rate of the investor.[16]
From an economy-wide perspective, accelerated depreciation can provide
significant benefits to capital intensive industries while being of little
benefit to service industries.[17]
In examining different policy options to assist different industries and
businesses, a comparison could be drawn with the impact of alternative
measures, such as a change in the overall company tax rate.
There are a number of policy reasons that have supported the
use of accelerated depreciation. According to the second discussion paper which
preceded the final report of the Review of Business Taxation (known as the
Ralph Review), they include:
Other rationales that have been used to justify
accelerated depreciation or special tax treatment for small business have
included:
Accelerated depreciation arrangements for particular
industries or activities are a common feature of the income tax law in
Australia. Examples of existing accelerated deprecation arrangements include:
The rational for the proposed accelerated depreciation measures
are included in the Minister’s second reading speech for the Bill[27]
and in the regulation impact statements for each of the proposed accelerated
depreciation measures in the Explanatory Memorandum.[28]
In particular, the regulation impact statements reflect several of the general
arguments used to support such policies including reducing compliance costs
through simplification, and a desire to improve financial performance and
encourage additional investment.[29]
In the case of the changes for primary producers however,
there is a specific objective of changing behaviour to address underinvestment
in assets that may assist to mitigate and manage the risks of drought.[30]
- inprevious yearbefore the current year the aggregated turnover
of the business was less than $2 million
-
the
aggregated turnover for the current year is likely to be less than $2 million. [31]
Small business entities have access to a
number of existing tax concessions, including capital gains tax concessions and
simplified depreciation arrangements.
Under existing arrangements, a small business entity can
choose to use simplified depreciation arrangements which operate so that:
- assets
costing up to $1,000 can be deducted in the income year in which they are
purchased
- assets
costing more than $1,000 can be included in a ‘general small business pool’
which has depreciation applied at a rate of 15 per cent for the first year
and 30 per cent in the later years, rather than be individually
depreciated. When the value of the pool is less than the $1,000 threshold,
the entire amount can be deducted in the income year
- a
taxpayer who chooses to apply these simplified arrangements in one income year
and does not choose it in a later income year cannot choose to use these
simplified arrangements for a period of five years (this is called the five
year lock out rule).[32]
The benefit to eligible small businesses of these
arrangements is the simplification provided by the pooling of assets which are
depreciated at the fixed 30 per cent rate as well as the $1,000 representing
a significantly higher amount than the $300 instant write-off amount that
applies generally.[33]
Changes to depreciation thresholds
The $1,000 threshold has applied from 1 January
2014, following the passage of legislation to repeal the Minerals Resource Rent
Tax (MRRT).[34]
Between 1 July 2012 and 30 December 2013 a higher
threshold of $6,500 applied. This $6,500 threshold was implemented by
the Gillard Government, and was an outcome of the enactment of both the MRRT (increase
to $5,000) and Carbon Price Mechanism (‘carbon tax’) (further increase to
$6,500).[35]
In the lead-up to the 2013 Federal election, the Coalition made
a commitment to repeal both the MRRT and carbon tax. This would necessitate a
corresponding reduction of the $6,500 threshold to $1,000.[36]
In supporting the reduction of the threshold to $1,000, the Treasurer’s
argument was largely based on the revenue cost of the policy being linked to
the lack of revenue raised by the MRRT, rather than the merits of the higher
threshold as a stand alone policy:
There are expenditures that the government announced against
the mining tax that the coalition wishes it could keep, but we cannot keep
spending initiatives that are funded by borrowed money. It is unsustainable.
So schedule 3 of the bill amends the instant asset write-off
threshold provisions for small business entities.
The threshold value of a depreciating asset for the purposes
of instant asset write-off provisions was increased from $1,000 to $6,500 as
part of the introduction of both the mining tax and the carbon tax package.
We seek to reduce this back to $1,000 from 1 January 2014. I
know it is hard. I want to say it is hard. The Minister for Small Business
knows it is hard. We know it is hard, but these are the hard decisions that
have to be made because the people of Australia cannot afford to have
initiatives that involve a cost to the budget that is being funded by borrowing
money.[37]
Prior to the increase from 1 July 2012, the threshold
had been set at $1,000 since 1 July 2001, when depreciation
arrangements for small business were simplified as an outcome of the Review of
Business Taxation (known as the Ralph Review).[38]
In 2010, the report of Australia’s Future Tax System (known
as the Henry Tax Review) recommended an increase in the threshold to $10,000.[39]
This recommendation was largely based on the perceived advantages of simplifying
arrangements for these entities and providing them with a cash flow benefit.[40]
Accelerated depreciation for
primary producers
Accelerated depreciation for primary producers for water
facilities and horticultural plants has been allowed for some time. Initially
capital expenditure on water infrastructure could be deducted over a period of
ten years.[41]
In 1980, the Fraser Government enabled expenditure on water infrastructure to
be immediately deductable in full.[42]
One purpose of this was to encourage primary producers to increase their
ability to withstand drought.[43]
This accelerated depreciation was retained until 1996–97
when the three year depreciation arrangements under the ITAA 1997
commenced.[44]
The enactment of the Taxation Laws Amendment (No. 4) Act
1995 enabled horticultural plants to depreciate, initially either
immediately (if the expected life of the plant is less than three years), or
over the life of the plant.[45]
The purpose of this measure was to give expenditure on horticultural plants
comparable tax treatment to capital expenditure in other industries.[46]
The measure was part of the Government’s response to the Horticultural Task
Force report.[47]
In the 2015–16 Budget the Government announced measures that
would enable primary producers to deduct expenditure on water facilities and
fencing on an accelerated basis from 1 July 2016.[48]
It also included measures that would enable expenditure on fodder storage
assets to be deducted over three years.[49]
Unlike the proposed small business measures which limit
deductibility to assets purchased before 30 June 2017 and to assets costing
less than $20,000, no time limit or maximum cost is provided for in the primary
producer measures. Like the 1980 amendment these measures are also designed to
encourage primary producers to increase their ability to withstand drought and
complement the other drought assistance measures outlined in the 2015–16
Budget.[50]
Previously, deductions for fencing and fodder storage assets
could be made over the ‘effective life’ of those assets. The effective life of
a depreciating asset is defined as the period an asset can be used to produce
an income.[51]
According to the 2015–16 Budget this is up to 30 years for fences and up to 50
years for fodder storage assets.[52]
The primary producer measures were initially due to commence
on 1 July 2016.[53]
On 27 May 2015, however, it was announced that they would commence
retrospectively, like the other small business measures, at 7:30 pm on 12 May
2015.[54]
This was apparently due to pressure from the agricultural sector and
discussions with the Minister for Agriculture.[55]
The measures are in line with policy ideas which were mooted
in the Government’s 2014 Agricultural Competitiveness Green Paper.[56]
The matters raised by stakeholders in the Green Paper included that the value
of assets such as water infrastructure and feed storage be fully deductible.[57]
These primary producer measures are available only to
primary producers. Primary producers are, however, eligible for the small
business measures generally, provided they have a turnover of less than $2 million.
At the time of writing this Bills Digest, the Bill had not
been referred to a Committee for inquiry and report. In addition, neither the
Senate Standing Committee for the Scrutiny of Bills nor the Parliamentary Joint
Committee on Human Rights had commented on the Bill.
As required under Part 3 of the Human Rights
(Parliamentary Scrutiny) Act 2011 (Cth), the Government has assessed
the Bill’s compatibility with the human rights and freedoms recognised or
declared in the international instruments listed in section 3 of that Act. The
Government considers that the Bill is compatible.[58]
The Bill was passed in the House of Representatives on
4 June 2015.
In his budget reply speech on 14 May 2015, the Leader
of the Opposition, Bill Shorten, indicated that the Australian Labor Party (ALP)
would support the small business measures announced in the 2015–16 Budget.[59]
The Australian Greens (the Greens) welcomed the
reinstatement of a higher threshold but were critical of the limited period in
which it applied, noting that ‘[t]he tax-deduction for asset purchases will
only last two-years, thus providing a sugar hit for the sector and broader
economy but no long-term ongoing support for small business’.[60]
The Greens 2013 election policy proposed an increase from the then
$6,500 threshold for the instant asset write-off to $10,000.[61]
Small business accelerated
depreciation
Business groups have generally supported lifting the instant
asset write-off threshold from $1,000 to $20,000.
In its 2015–16 pre-budget submission, the Australian Chamber
of Commerce and Industry (ACCI) supported the implementation of the Henry Tax Review
recommendation to increase the threshold for assets that small businesses can
immediately write-off to $10,000.[62]
Following the budget announcement of the increase to $20,000 as well as the
other small business-related measures, the ACCI noted:
It is encouraging that the government is looking after those
1.7 million unincorporated small businesses, including tradies, sole operators
and partnerships, with other support. Making it easier for small businesses to
claim tax deductions for their expenses will make it easier for small
businesses to invest.
These deductions are particular [sic] powerful when combined
with recently announced measures to help new businesses, including allowing new
start-ups to immediately deduct professional costs, such as for legal and
accounting services, as well as streamlined company registration and removing
barriers to crowd-sourced equity funding.[63]
Prior to the 2015–16 Budget, the Council of Small Business
Organisations of Australia (COSBOA) advocated for an ‘investment allowance’
that would provide immediate deductibility up to 50 per cent of the cost
of eligible assets installed and ready for use up to a cost of $2 million
between 1 July 2015 and 30 June 2018 for businesses with a turnover
of less than $5 million.[64]
Following the release of the Budget, the CEO of COSBOA welcomed the small
business package:
The budget inclusions for small business have been designed
to boost confidence, boost cash flow and boost the economy, an economy that has
always been based upon the foundation of small business people.
... the immediate deductibility for assets purchased up to $20k
is as unexpected as it is welcomed. The 5% tax discount for unincorporated
small business is another highlight of the budget. There are many more
highlights in this budget which provides the lowest tax rate for small business
since 1967. The government has promised something special for small business
and have delivered on that promise.[65]
Chartered Accountants Australia and New Zealand welcomed the
budget measures for small business, noting that:
The small business instant asset write-off is just what the
doctor ordered and increased spending should follow. It’s a very practical way
to help these businesses work smarter with modern equipment and technology. The
cost of setting up a business will be reduced with legal and accounting advice
being written off and the process to register a business simplified. This
should boost innovative start-ups and create yet more energy in the engine room
of the economy.[66]
Primary producer accelerated
depreciation
Farmers groups have generally supported the proposed
accelerated depreciation measures for primary producers.[67]
The National Farmers’ Federation (NFF) noted that:
The [NFF] welcomes the Federal Government announcement on
bringing forward [the] introduction of accelerated depreciation of fodder,
fencing and water assets to the night of the Federal Budget. They have
responded quickly to the feedback received and NFF congratulates them.
The decision to bring the commencement date forward will be
welcome news for farmers and small businesses across the country - particularly
those struggling with drought or preparing for El Niño conditions forecast for
Eastern Australia.[68]
The Explanatory Memorandum states that the financial
impact of the measures proposed by the Bill over the four years to 2018–19 is
almost $2.2 billion (Table 1).
Table 1 Financial impact of accelerated depreciation
arrangements for small business entities and primary producers as proposed by
the Bill ($ million)
|
2015–16
|
2016–17
|
2017–18
|
2018–19
|
Total
|
Accelerated depreciation for small business entities
|
-$250m
|
-$800m
|
-$850m
|
-$150m
|
-$2,050m
|
Accelerated depreciation for primary producers
|
-$2m
|
-$30m
|
-$45m
|
-$65m
|
-$142m
|
Total
|
-$252m
|
-$830m
|
-$895m
|
-$215m
|
-$2,192m
|
Source: Explanatory Memorandum, Tax
Laws Amendment (Small Business Measures No. 2) Bill 2015, pp. 3 and 5,
accessed 10 June 2015.
Schedule 1—accelerated depreciation
for small business entities
As previously noted, a small business entity can choose to
use simplified depreciation arrangements which operate so that:
- assets
costing up to $1,000 can be deducted in the income year in which they are
purchased
- assets
costing more than $1,000 can be included in a ‘general small business
pool’ which has depreciation applied at a rate of 15 per cent for the
first year and 30 per cent in the later years, rather than be individually
depreciated. When the value of the pool is less than the $1,000 threshold,
the entire amount can be deducted in the income year
- a
taxpayer who chooses to apply these simplified arrangements in one income year
and does not choose it in a later income year cannot choose to use these
simplified arrangements for a period of five years.[69]
As the measures will apply for a
limited time period, item 9 of Schedule 1 to the Bill inserts proposed
section 328–180 into the Transitional Provisions Act. The
section introduces two key definitions. The first is 2015 budget time
which means 7.30 pm, by legal time in the Australian Capital Territory, on 12
May 2015. The second is increased access year which means an
income year that ends on or after 12 May 2015 and on or before 30 June
2017.
Proposed section 328-180
applies to:
- exempt
an entity from the five year lockout rule in an increased access year
thereby allowing the entity to switch to the small business pool arrangements even
if the entity has opted out of these arrangements
- increase
the threshold for writing off assets from $1,000 to $20,000 if the assets were
acquired after the 2015 budget time and the asset was first used,
or first installed, for a taxable purpose at or after the 2015 budget
time and on or before 30 June 2017 and
- increase
the low value pool from $1,000 to $20,000.
Items 1–8 of Schedule 1 to the Bill insert notes at
the end of relevant paragraphs in Subdivision 328D of the ITAA 1997 to
specify that the threshold is $20,000 for income years ending on or after
12 May 2015 and on 30 June 2017 and to cross reference the relevant
sections that are inserted into the Transitional Provisions Act by item
9 of this Bill (discussed above).
Key issue—a time limited or
permanent arrangement?
The application of a fixed period in which the higher
$20,000 threshold is available (on or after 12 May 2015 to 30 June
2017) compared to the Gillard Labor Government’s ongoing $6,500 threshold
is a key point of difference between these policies.
There is no information available to examine the
effectiveness of the increase in the threshold from $1,000 to $6,500 on a
permanent basis. The Explanatory Memorandum states that:
Data are not yet available to accurately assess a previous
version of this policy. Even when they are, this kind of analysis can be
difficult.[70]
Time-limited accelerated depreciation arrangements have been
implemented in the United States on a number of occasions. A 2008 study of
‘bonus depreciation’ arrangements that applied for a limited time in the early
2000’s found that the arrangement ‘appears to have had a powerful effect on the
composition of investment. Capital that benefited substantially from the policy
saw sharp increases in investment’.[71]
However, a 2014 study of such arrangements by the
Congressional Research Service (which by that time considered studies examining
the reintroduction and continuation of these ‘temporary’ measures) noted that
the policy ‘did not appear to be very effective in providing short-term
economic stimulus compared to alternatives’.[72]
This conclusion included consideration of the earlier study as well as
additional information, including a study of several surveys of firms, which
showed that between two-thirds and more than 90 per cent of respondents
indicated bonus depreciation had no effect on the timing of investment
spending.[73]
Schedule 2—accelerated depreciation
for primary producers
The items in Schedule 2 to the Bill amend the ITAA 1997.
A person carries on primary production business if
the person carries on a business doing any of the following:
- cultivating
or propagating plants, fungi or their products or parts (including seeds,
spores, bulbs and similar things), in any physical environment
- maintaining
animals for the purpose of selling them or their bodily produce (including
natural increase)
- manufacturing
dairy produce from raw material that you produced
- conducting
operations relating directly to taking or catching fish, turtles, dugong,
bêche-de-mer, crustaceans or aquatic molluscs
- conducting
operations relating directly to taking or culturing pearls or pearl shell
- planting
or tending trees in a plantation or forest that are intended to be felled
- felling
trees in a plantation or forest
- transporting
trees, or parts of trees, that you felled in a plantation or forest to the
place where they are first to be milled or processed or from which they are to
be transported to the place where they are first to be milled or processed.[74]
Item 2 amends item 1.5 in the table at section
40-10 of the ITAA 1997 to indicate that a primary producer can
deduct amounts for capital expenditure on:
- water
facilities immediately (rather than over three income years as
currently)
- fodder
storage assets over three income years and
- fencing
assets immediately.
Item 12 of Schedule 2 to the Bill inserts
the definitions of fodder storage asset and fencing asset
into section 40‑520 of the ITAA 1997 so that:
- 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 and
- a
fencing asset is an asset or a structural improvement that is a fence
or a repair of a capital nature, or an alteration, addition or extension, to a
fence.
The term water facilities as set out in
existing section 40-520 of the ITAA 1997 means:
- plant
or a structural improvement, or a repair of a capital nature, or an alteration,
addition or extension, to plant or a structural improvement, that is primarily
and principally for the purpose of conserving or conveying water or
- a
structural improvement, or a repair of a capital nature, or an alteration,
addition or extension, to a structural improvement, that is reasonably
incidental to conserving or conveying water.
Item 16 of Schedule 2 of the Bill repeals and
replaces section 40-540 of the ITAA 1997 so that a water facility
is taken to decline in value by the full amount of the expenditure incurred on
the construction, manufacture, installation or acquisition of the water
facility in the income year in which the expenditure was incurred.
Item 17 of Schedule 2 of the Bill inserts proposed
section 40-548 into the ITAA 1997. Proposed section 40-548
provides that the decline in value for a fodder storage asset is
assessed over three years from the income year in which the capital expenditure
was incurred on the construction, manufacture, installation or acquisition of
the fodder storage asset. Importantly, item 7 of Schedule 2 of the Bill inserts
proposed paragraph 40-515(3)(c) into the ITAA 1997 to apply the
condition that the accelerated deduction for fodder storage assets cannot be
more than the amount of the capital expenditure incurred on the asset.
Item 17 also inserts proposed section 40-551
into the ITAA 1997 so that fencing assets are taken to
decline in value by the full amount of the expenditure incurred on the construction,
manufacture, installation or acquisition of the fencing asset in the income
year in which the expenditure was incurred. Item 7 of Schedule 2 of the
Bill inserts proposed paragraph 40-515(3)(d) into the ITAA 1997 to
apply the condition that the accelerated deduction for fencing assets cannot be
more than the amount of the capital expenditure incurred on the asset.
Item 21 operates so that the amendments contained in Schedule
2 apply to assets that an entity starts to hold or to expenditure that
an entity incurs after 7:30 pm, by legal time in the Australian Capital
Territory on 12 May 2015.
Accelerated depreciation arrangements have been used for a
number of reasons in the tax system. The proposed measures for small business
and primary producers are largely designed to provide incentives to invest and
stimulate economic activity, as well as to simplify arrangements to some
degree.
Despite these positive features, accelerated depreciation
arrangements can have a distortionary economic impact on the timing of
investment and on the allocation of resources across the economy away from
their most efficient use.
Members, Senators and Parliamentary staff can obtain
further information from the Parliamentary Library on (02) 6277 2500.
[1]. Income Tax
Assessment Act 1997, accessed 10 June 2015.
[2]. Income Tax
(Transitional Provisions) Act 1997, accessed 10 June 2015.
[3]. Australian
Government, Budget
measures: budget paper no. 2: 2015–16, pp. 14 and 19, accessed
9 June 2015.
[4]. T
Abbott (Prime Minister), J Hockey (Treasurer) and B Billson (Minister for Small
Business), Growing
jobs and small business package to help small businesses invest more, grow
more, and employ more, joint media release, 12 May 2015, accessed
2 June 2015.
[5]. See
Parliament of Australia, ‘Tax
Laws Amendment (Small Business Measures No. 1) Bill 2015 homepage’,
Australian Parliament website for the Bill, the relevant Explanatory Memorandum
and the Bills Digest.
[6]. T
Abbott (Prime Minister), J Hockey (Treasurer) and B Billson (Minister for Small
Business), op. cit.; Australian Government, Budget
2015: growing jobs and small business, 2015, p. 2, accessed
2 June 2015.
[7]. Australian
Government, Budget measures: budget paper no. 2: 2015–16, op. cit.,
pp. 14 and 19.
[8]. H
Sanders and R Weiss, ‘Analysis
of the economic and tax depreciation of structures’, Tax Management Real
Estate Journal, 16(12), 2000, pp. 343–355, accessed 4 June 2015.
[9]. Ibid.,
p. 347.
[10]. Income
Tax Assessment Act 1997, section 40-1.
[11]. Income
Tax Assessment Act 1997, section 40-10.
[12]. Income Tax
Assessment Act 1997, section 40–95, accessed 4 June 2015. The ITAAA
1997 uses the term ‘capital allowances’ to describe depreciation in some
parts.
[13]. JT
Ralph AO, ‘A platform for
consultation: discussion paper 2: building on a strong foundation’, volume
1, February 1999, paragraph 2.1, p. 117, accessed 10 June 2015.
[14]. Ibid.,
paragraph 2.2.
[15]. Ibid.,
paragraph 2.4.
[16]. M
Benge, ‘Taxes and investment decisions’, in J Head (ed), Fightback: an economic
assessment, papers from a conference organised by the public sector
management institute, Monash University, Australian Tax Research
Foundation, 1993, pp. 171–192.
[17]. JT
Ralph AO, ‘A platform for consultation’, op. cit., paragraph 2.9, p. 118.
[18]. Ibid.,
paragraph 2.14, p. 119.
[19]. Y Margalioth, ‘Not a panacea for economic growth’, Virginia Tax Review,
26(3), 2007, pp. 493–518 at p. 509, accessed 7 June 2015.
[20]. Ibid.
[21]. Organisation
for Economic Cooperation and Development (OECD), Taxation
of SMEs: key issues and policy considerations, OECD Tax Policy Studies,
18, p. 85 and 94, accessed 1 June 2015.
[22]. Treasury,
Tax
expenditures statement 2014, January 2015, tax expenditure B65, p. 55,
accessed 4 June 2015.
[23]. Ibid.,
tax expenditure B68, p. 56.
[24]. Ibid.,
tax expenditure B75, p. 59.
[25]. Ibid.,
tax expenditure B72, p. 57.
[26]. Ibid.,
tax expenditure B73, p.58.
[27]. B
Billson (Minister for Small Business), ‘Second
reading speech: Tax Laws Amendment (Small Business Measures No. 2) Bill 2015’,
House of Representatives, Debates, 28 May 2015, p. 7, accessed 10 June
2015.
[28]. Explanatory
Memorandum, Tax
Laws Amendment (Small Business Measures No. 2) Bill 2015, pp. 22–32
and pp. 44–61, accessed 10 June 2015.
[29]. Ibid.
[30]. Ibid.,
p. 44.
[31]. Income Tax Assessment
Act 1997, subdivision 328-C, accessed 1 June 2015.
[32]. Income Tax Assessment
Act 1997, subdivision 328‑D.
[33]. Income Tax Assessment
Act 1997, paragraph 40–80(2)(a).
[34]. Minerals Resource Rent
Tax Repeal and Other Measures Act 2014, Schedule 3, accessed
7 June 2015.
[35]. Tax Laws Amendment
(Stronger, Fairer, Simpler and Other Measures) Act 2012, Schedule 2,
accessed 9 June 2015.
[36]. Liberal
National Coalition, The
Coalition’s policy for resources and energy, Coalition policy document,
Election 2013, p. 4, accessed 7 June 2015; Liberal National
Coalition, Fiscal
budget impact of Federal Coalition policies, Coalition policy document,
Election 2013, p. 1, accessed 7 June 2015.
[37]. J
Hockey (Treasurer), ‘Second
reading speech: Minerals Resource Rent Tax Repeal and Other Measures Bill 2013’,
House of Representatives, Debates, 13 November 2013, p. 88,
accessed 7 June 2015.
[38]. Taxation Laws Amendment
Act (No. 5) 2002, Schedule 3, accessed 10 June 2015.
[39]. K Henry, Australia’s
future tax system: report to the Treasurer, Part Two detailed analysis,
volume 1 of 2, December 2009, p. 173, accessed 1 June 2015.
[40]. Ibid.
[41]. S
Carrick (Minister for National Development and Energy), ‘Second
reading speech: Income Tax Assessment Amendment (No. 3) Bill 1980’, Senate,
Debates, 16 May 1980, p. 1, accessed 1 June 2015.
[42]. Income Tax Assessment
Amendment Act (No. 3) 1980, accessed 2 June 2015.
[43]. Income
Tax Assessment Amendment Bill (No. 3) 1980, Bills digest, 91,
Parliamentary Library, Canberra, 1980, accessed 2 June 2015.
[44]. Tax Law Improvement Act
1997, Schedule 1, accessed 12 June 2015.
[45]. Taxation Laws Amendment
Act (No. 4) 1995, accessed 2 June 2015.
[46]. G
Gear (Assistant Treasurer), ‘Taxation
Laws Amendment Bill (No. 4) 1995, Income Tax (Franking Deficit) Amendment Bill
1995, Income Tax (Deficit Deferral) Amendment Bill 1995’, media release, 28
September 1995, accessed 2 June 2015.
[47]. C
Field, Taxation
Laws Amendment Bill (No. 4) 1995, Bills digest, 65, 1995–96,
Parliamentary Library, Canberra, 1995, accessed 2 June 2015.
[48]. Budget
measures: budget paper no. 2: 2015–16, op. cit., p. 14.
[49]. Ibid.
[50]. For
an overview of the other drought assistance measures in the 2015–16 Budget see
R Dossor, ‘Drought
measures’, Research paper, Budget review 2015–16, Parliamentary
Library, Canberra 2015, accessed 2 June 2015.
[51]. Income
Tax Assessment Act 1997, section 40-10.
[52]. Budget
measures: budget paper no. 2: 2015–16, op. cit.
[53]. Ibid.
[54]. J
Hockey (Treasurer), B Joyce (Minister for Agriculture) and B Billson (Minister
for Small Business), Depreciation
for farmers brought forward, joint media release, 27 May 2015, accessed
10 June 2015.
[55]. J
Owens, ‘Farm
tax write-offs brought forward by a year’, The Australian, (online
edition), 27 May 2015, accessed 10 June 2015.
[56]. Australian
Government, Agricultural
competitiveness green paper, 2014, p. 69, accessed 9 June
2015.
[57]. Ibid.
[58]. The
Statements of Compatibility with Human Rights can be found at pages 21 and 43 of
the Explanatory
Memorandum to the Bill.
[59]. B
Shorten, ‘Second
reading speech: Appropriation Bill (No. 1) 2015-2016’, House of
Representatives Debates, 14 May 2015, p. 95, accessed
3 June 2015.
[60]. P
Whish-Wilson, Small
business package puts back what the Government took away, media
release, 13 May 2015, accessed 1 June 2015.
[61]. Australian
Greens, Standing
up for small business: lower tax and a stronger voice, Australian
Greens policy document, August 2013, p. 1, accessed 1 June 2015.
[62]. Australian
Chamber of Commerce and Industry (ACCI), ACCI
pre-budget submission 2015–16, February 2015, p. 3, accessed
9 June 2015.
[63]. Australian
Chamber of Commerce and Industry, Small
business welcomes support in Budget, media release, 12 May 2015,
accessed 9 June 2015.
[64]. P
Strong and D Gandolfo, ‘Why
small business needs an investment allowance’, Smartcompany.com.au,
30 April 2015, accessed 9 June 2015.
[65]. Council
of Small Business Organisations of Australia, Budget
extraordinaire shows respect for people in business, 12 May
2015, accessed 3 June 2015.
[66]. Chartered
Accountants Australia and New Zealand, Response
from Chartered Accountants Australia and New Zealand about the Federal Budget,
media release, 12 May 2015, accessed 3 June 2015.
[67]. Canegrowers
Australia, Budget
2015: canegrowers response, media release, 13 May 2015, accessed
9 June 2015; Australian Dairy Farmers, ADF
looks forward to release of agricultural competitiveness white paper,
media release, 13 May 2015, accessed 9 June 2015.
[68]. National
Farmers’ Federation, NFF
welcomes depreciation announcement, media release, 27 May 2015,
accessed 9 June 2015.
[69]. Income Tax
Assessment Act 1997, subdivision 328-D, accessed 10 June 2015.
[70]. Explanatory
Memorandum, Tax
Laws Amendment (Small Business Measures No. 2) Bill 2015, p. 30.
[71]. C House and M Shapiro, ‘Temporary investment tax incentives: theory with evidence from bonus
depreciation’, The
American Economic Review, 98(3), 2008, p. 762. The ‘bonus
depreciation’ policy examined involved an immediate deduction of 30 per
cent (later increased to 50 per cent) for certain types of qualified capital
goods with the remaining 70 per cent under standard depreciation schedules for
investments made prior to the end of 2005.
[72]. J
Gravelle, ‘Bonus depreciation:
economic and budgetary issues’, Congressional
Research Service, 7 July 2014, p. 6, accessed 9 June 2015.
[73]. Ibid.
[74]. Income
Tax Assessment Act 1997, section 995-1.
For copyright reasons some linked items are only available to members of Parliament.
© Commonwealth of Australia
Creative Commons
With the exception of the Commonwealth Coat of Arms, and to the extent that copyright subsists in a third party, this publication, its logo and front page design are licensed under a Creative Commons Attribution-NonCommercial-NoDerivs 3.0 Australia licence.
In essence, you are free to copy and communicate this work in its current form for all non-commercial purposes, as long as you attribute the work to the author and abide by the other licence terms. The work cannot be adapted or modified in any way. Content from this publication should be attributed in the following way: Author(s), Title of publication, Series Name and No, Publisher, Date.
To the extent that copyright subsists in third party quotes it remains with the original owner and permission may be required to reuse the material.
Inquiries regarding the licence and any use of the publication are welcome to webmanager@aph.gov.au.
Disclaimer: Bills Digests are prepared to support the work of the Australian Parliament. They are produced under time and resource constraints and aim to be available in time for debate in the Chambers. The views expressed in Bills Digests do not reflect an official position of the Australian Parliamentary Library, nor do they constitute professional legal opinion. Bills Digests reflect the relevant legislation as introduced and do not canvass subsequent amendments or developments. Other sources should be consulted to determine the official status of the Bill.
Any concerns or complaints should be directed to the Parliamentary Librarian. Parliamentary Library staff are available to discuss the contents of publications with Senators and Members and their staff. To access this service, clients may contact the author or the Library‘s Central Entry Point for referral.