MEMO: Deductibility for TPL Expenditures - To Bill Heaps, Partner at W.E. Charge, Often & Much
Wharf
The issue at hand is whether or not the repairs and maintenance to the wharf are deductible under the Income Tax Act 2007 (ITA). Repairs and maintenance are allowable deductions under section DA 1 ITA, however, the deductibility is reliant on whether or not the fact situation meets a two-stage test which the Inland Revenue Department (IRD) has outlined in an Interpretation Statement: IS 12/03.
1.1 The First Stage
The first stage of the two-stage test, as outlined by the IRD, is the identification of the asset being worked on. Determining this asset “is always a question of fact, degree and impression”. The courts have determined that what is necessary here is a certain test, the “entirety test”, in which you must determine whether or not a physical thing satisfies a particular function or use, as in Lindsay v FCT and Auckland Gas Co v CIR. As such, you must ascertain whether or not the particular asset being worked on is it’s own distinct thing or whether it is a part of a larger asset. The next thing to consider here is the meaning of a ‘distinct asset’. Characteristics of a distinct asset which can be taken into consideration are things like its location or whether it is physically separate from other things, as in the cases of Case F67 or Hawkes Bay Power Distribution Ltd v CIR. Another helpful consideration, as outlined in IS 12/03, is determining what the function
The validity of the tax here is related to the benefit Δ receives from access
He sought to deduct various expenses associated with maintaining the office including electricity, gas, repairs and maintenance. These expenses were allowed under s.8(1)(i)(ii) as office rent, but the court did not see them as “supplies” that were “consumed.” However despite this decision, the CRA regards these items as supplies and allows them to be deductible under s.8(1)(i)(iii) ITA. According to CRA Bulletin, paragraphs 9 and 10, supplies in para 8(1)(i)(iii) do not include basic monthly service charge for a telephone line, however, in cases that followed, Prewer v MNR, the taxpayer was able to deduct a percentage of her house, but it had to be reasonable otherwise it would fall under s.67 ITA. The court reconsidered this position in Felton v MNR and said that if you own the home, then you cant deduct rent because “rent” can only arise in a and lord-tenant relationship and here one does not exist. In Haltrecht v Canada, the minister would not allow the deduction of utilities and maintenance costs of the house but in the CRA Interpretation bulletin IT-352R2, they said that they would allow deduction under s.8(1)(i)(ii) they would allow a reasonable deduction of expenses paid by the taxpayer which would include, maintenance of home including, fuel, electricity, light bulbs, cleaning materials and minor
“A long-lived asset (asset group) shall be tested for recoverability whenever events or changes in circumstances indicate that its carrying amount may not be recoverable.”
Additional expense assumptions include allowance for travel and entertainment in relation to marketing the product to potential clients and premium payments on a life insurance policy on the President of the company. The main assumptions TDC makes are based on revenue expectations. These assumptions are very important because they drive the other assumptions. First, the company makes assumptions concerning customer numbers and how they will grow over time. These numbers start with an initial base of 100 customers in April, 1981 and increase to 530 as of year end 1983. Additionally, TDC assumes initial monthly rental fees of $150 which will increase to $200 as the customer base increases which in turn increases expenses. Finally the company assumes excess cash will receive 9% interest a year.
Which of the following is not a required test for the deduction of a business expense?
In the same way should be treated cost of $1 million related to dismantlement of the existing manufacturing operation. According to the ASC 420-10-24-14, this cost
of the asset (asset group) at the date it is tested for recoverability, whether in use (see paragraph 360-
There is no need to make a journal entry for the 2,500 spent on disposing of capital assets because it was correctly recorded as a Repairs and Maintenance expense.
6. MB4 Profit and Loss Account 2: A worked example of your solutions to your identified problems in P&L1
Cliff Barrows, who served as the head of music choir at the Billy Graham Evangelistic Association for about six decades, died on November 15 at the age of 93.
IRC Sec. 213(a) states that “there shall be allowed as a deduction the expenses paid
• Eveready Australia Pty Ltd v Gillette Australia Pty Ltd OR Taco Company of Aust Inc v Taco Bell Pty Ltd (“objective test”)
In this case, the client is operating a bakery, and he anticipates he will incur $6.000 in maintain his shop over the next 12 months. But according to the section DA 2 (1) ITA 2007, it states that deduction for any expenditure or loss to the extent that it is of a capital nature (DA 2 General limitations, 2004). Therefore, the maintenance expenditure is caught by section DA 2 (1), due to the maintenance expenditure has a capital nature. For that reason, the deferred maintenance of $6,000 is not allowed to deduct.
When providing the distinction between the above charges the two stage process of legal characterization developed in Agnew must be applied by the English courts. The object of the first stage of the process is to ascertain the nature of the rights and obligations which the parties intended to grant each other in respect of the charged assets. Once these have been ascertained, the Court can then embark on the second stage of the process, which is one of categorization and designed to attribute the correct legal label to the package of rights and obligations. Lord Millett’s reasoning has been approved by the House of Lords in Re Spectrum in which emphasis was given to the freedom of the company to deal with the assets in the ordinary course of business rather than the two first criteria focusing on the nature of the secured assets.
The material handling expenses have been divided into two. The first group has been apportioned 60% of the total expenses which amounted to $120,000 of the total $200,000 while the second group has been apportioned 40% of the total expenses which amounted to $80,000