interpretation statement: is 12/03 income tax ... · pdf file1 interpretation statement: is...

55
1 INTERPRETATION STATEMENT: IS 12/03 INCOME TAX – DEDUCTIBILITY OF REPAIRS AND MAINTENANCE EXPENDITURE – GENERAL PRINCIPLES All legislative references are to the Income Tax Act 2007 (the “ITA 2007”) unless otherwise stated. Relevant legislative provisions are reproduced in the Appendix to this statement. Contents Summary ................................................................................................................................ 2 First stage – identifying the relevant asset .............................................................................. 3 Relationship with the depreciation rules .................................................................................. 4 Second stage – nature and extent of work done ...................................................................... 4 Introduction ............................................................................................................................. 6 Approach to deductibility of repairs and maintenance expenditure ............................................. 6 Flowchart - approach to analysis............................................................................................ 7 Relevance of case law decided under previous legislation .......................................................... 8 Analysis................................................................................................................................... 8 Is the expenditure deductible under the general permission? .................................................... 8 Nexus with income .......................................................................................................... 9 Examples – nexus with income .............................................................................................. 9 Does the capital limitation deny a deduction for the expenditure? .............................................. 10 What is the asset being worked on? ....................................................................................... 10 The “entirety test” – “a physical thing which satisfies a particular notion” .............................. 11 Applying the “entirety test” .............................................................................................. 13 Overseas authorities ....................................................................................................... 16 Key points on identifying the asset being worked on ................................................................ 18 Examples – identifying the asset being worked on ................................................................... 19 Relationship with depreciation rules ....................................................................................... 20 What is the nature and extent of the work done to the asset? ................................................... 20 General capital/revenue cases .......................................................................................... 21 Repairs and maintenance cases ........................................................................................ 23 Analysis of case law ........................................................................................................ 24 Key points on the nature and extent of the work done to the asset ............................................ 36 Examples – nature and extent of the work done to the asset..................................................... 37 Other considerations from the repairs and maintenance cases .............................................. 39 Key points relating to other considerations from the repairs and maintenance cases .................... 50 Examples – other considerations from the repairs and maintenance cases .................................. 51 References............................................................................................................................... 54 Appendix: Legislation ................................................................................................................ 55 Reader’s guide: This Interpretation Statement contains comprehensive analysis of the common law relating to the deductibility of repairs and maintenance expenditure. It is recognised that not all readers require this level of detail. To assist, the statement has been broken into parts with summaries and examples. In particular, the following may be helpful: The summary of general principles at paragraphs 1 to 27. The flowchart at paragraph 35, setting out how to approach resolving issues of deductibility of repairs and maintenance expenditure. “Key points” summaries at paragraphs 97 (identifying the asset being worked on), 175 (identifying the nature and extent of the work done) and 232 (other considerations from the repairs and maintenance cases). Examples illustrating the practical application of the principles discussed in each part. The examples immediately follow paragraph 49 (nexus) and each of the “key points” summaries at paragraphs 97, 175 and 232.

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Page 1: INTERPRETATION STATEMENT: IS 12/03 INCOME TAX ... · PDF file1 INTERPRETATION STATEMENT: IS 12/03 INCOME TAX – DEDUCTIBILITY OF REPAIRS AND MAINTENANCE EXPENDITURE – GENERAL PRINCIPLES

1

INTERPRETATION STATEMENT: IS 12/03

INCOME TAX – DEDUCTIBILITY OF REPAIRS AND MAINTENANCE EXPENDITURE – GENERAL PRINCIPLES

All legislative references are to the Income Tax Act 2007 (the “ITA 2007”) unless otherwise stated. Relevant legislative provisions are reproduced in the Appendix to this statement.

Contents

Summary ................................................................................................................................ 2 

First stage – identifying the relevant asset .............................................................................. 3 Relationship with the depreciation rules .................................................................................. 4 Second stage – nature and extent of work done ...................................................................... 4 

Introduction ............................................................................................................................. 6 Approach to deductibility of repairs and maintenance expenditure ............................................. 6 Flowchart - approach to analysis ............................................................................................ 7 Relevance of case law decided under previous legislation .......................................................... 8 

Analysis ................................................................................................................................... 8 Is the expenditure deductible under the general permission? .................................................... 8 

Nexus with income .......................................................................................................... 9 Examples – nexus with income .............................................................................................. 9 Does the capital limitation deny a deduction for the expenditure? .............................................. 10 What is the asset being worked on? ....................................................................................... 10 

The “entirety test” – “a physical thing which satisfies a particular notion” .............................. 11 Applying the “entirety test” .............................................................................................. 13 Overseas authorities ....................................................................................................... 16 

Key points on identifying the asset being worked on ................................................................ 18 Examples – identifying the asset being worked on ................................................................... 19 Relationship with depreciation rules ....................................................................................... 20 What is the nature and extent of the work done to the asset? ................................................... 20 

General capital/revenue cases .......................................................................................... 21 Repairs and maintenance cases ........................................................................................ 23 Analysis of case law ........................................................................................................ 24 

Key points on the nature and extent of the work done to the asset ............................................ 36 Examples – nature and extent of the work done to the asset ..................................................... 37 

Other considerations from the repairs and maintenance cases .............................................. 39 Key points relating to other considerations from the repairs and maintenance cases .................... 50 Examples – other considerations from the repairs and maintenance cases .................................. 51 

References ............................................................................................................................... 54 Appendix: Legislation ................................................................................................................ 55 

Reader’s guide: This Interpretation Statement contains comprehensive analysis of the common law relating to the deductibility of repairs and maintenance expenditure. It is recognised that not all readers require this level of detail. To assist, the statement has been broken into parts with summaries and examples. In particular, the following may be helpful: The summary of general principles at paragraphs 1 to 27. The flowchart at paragraph 35, setting out how to approach resolving issues of

deductibility of repairs and maintenance expenditure. “Key points” summaries at paragraphs 97 (identifying the asset being worked on), 175

(identifying the nature and extent of the work done) and 232 (other considerations from the repairs and maintenance cases).

Examples illustrating the practical application of the principles discussed in each part. The examples immediately follow paragraph 49 (nexus) and each of the “key points” summaries at paragraphs 97, 175 and 232.

Page 2: INTERPRETATION STATEMENT: IS 12/03 INCOME TAX ... · PDF file1 INTERPRETATION STATEMENT: IS 12/03 INCOME TAX – DEDUCTIBILITY OF REPAIRS AND MAINTENANCE EXPENDITURE – GENERAL PRINCIPLES

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1.

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mmary

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The Comexpenditstateme

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The capimaintenin nature

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erpretation yer to repaingible propeepairs or alt and mainte

etation Statal situations an indicat nature and

erpretation principles rture. It uprs and maiVol 5, No 9g items thaber 1995): operty vacantal proper

mmissioner’ture has nont.

tion for repture is dedu

penditure isns in s DA imitation inn) are beyosider any spion of the c

fy for a dedand mainteble income on a busind income.

ital limitatioance expene.

expenditureation rules i be availab improvemity or other

etation Stat

rts have deand mainte

e first stagorked on.

Statementir or maintaerty includiterations orenance expement also within thistion that thd deductibl

Statementrelating to tdates and ntenance e

9 (Februaryat were pub “Rental proant”; “Rentrty – deduc

’s view on tot changed

pairs and muctible und not exclud2. This Int

n s DA 2(1)ond the scopecific deducapital limit

duction undnance expe and/or excness for the

on in s DA nditure that

e is not dedin subpart le. Since tents to thorwise of a dement.

eveloped a nance expe

e is to iden

2

t considers ain their pring real pror to maintapenditure”. o uses this s statemente Commisse.

t restates tthe deductreplaces thexpenditurey 1994). Itblished in Taoperty – detal propertyctibility of in

the deducti in any sub

maintenanceer the gene

ded from deterpretation. The otheope of this uction provtation for ce

der the genenditure mcluded incoe purpose o

2(1) deniest satisfies t

ductible butEE. If thoshe 2011-20

ose buildingdepreciatio

two-stage enditure is

ntify the rel

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he Commisibility of re

he Commisse published t also updatTax Informaeducting my – deductinterior rede

ibility of repstantial wa

e expenditueral permiseductibility n Statemener general listatement.

visions in Paertain types

neral permisust be incume, or be i

of deriving a

s a deductithe general

t will be suse rules are012 incomegs have a 0n loss is ou

approach f of a capita

levant asse

tibility of cohe focus of penditure ins commonlyof reference. Howeverssion’s useiders the co

ssioner’s viepairs and msioner’s ear in Tax Infotes and reption Bulletiaintenancebility of renecorations”

pairs and my since the

ure is allowession in s D by any of tnt is concerimitations ( This stateart D that os of expend

ssion in s Drred in derincurred in assessable

on for repa permission

bject to thee satisfied, e year, cert% deprecia

utside the s

or determinl or revenu

et that is be

osts incurrethis statemncurred to y referred te, this r, in any e should noosts to be o

ew of the maintenancrlier statemormation places the in Vol 7, Noe expenses novation co.

maintenance 1994

ed if the DA 1(1), andthe generarned with th(eg, the priement also override thediture.

DA 1(1), theriving the course income an

airs and n but is cap

e normal a depreciattain buildination rate. scope of thi

ning whethue nature:

eing repaire

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t be of a

ce ment

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Page 3: INTERPRETATION STATEMENT: IS 12/03 INCOME TAX ... · PDF file1 INTERPRETATION STATEMENT: IS 12/03 INCOME TAX – DEDUCTIBILITY OF REPAIRS AND MAINTENANCE EXPENDITURE – GENERAL PRINCIPLES

9.

First

10.

11.

12.

Thto (PC

Howeverany partexpenditThe cour[1966] Acapital/rcircumst

t stage – i

As a maapplies ton mustto whethcontext questionearning coined tnotion” ((1999) 1entirety,not a suidentifiasomethiwider asdistinct. There is identified

When codeterminfor examHCA), H(HC), O’17 TC 93(IH (1 DCo (193distinct f(1983) 6connectisingle asshould bright (Po

SimilarlyidentifyiBay Electhing thalikely to physicalrelevantHawkes

e second st that asset C)).

r in adoptinticular situature is capirts favour tAC 224 at prevenue testances (Auc

identifying

tter of comto any repat be identifiher the worof the asse

n of fact, destructure ohe “entirety(Lindsay v 19 NZTC 15, guidance bsidiary pable as a pring is itself sset include However, a danger od (Poverty

onsidering wne whethermple, its locawkes Bay ’Grady (HM3 (KB), Sam

Div)), Margr5) 19 TC 4from other 6 NZTC 59,ion betweesset (Aucklabe consideroverty Bay

y, determinng the relectric, Hawkeat is integra be the relely capable t asset in a Bay Power

tage is to c(Auckland

ng this two-ation determtal or reventhe approacpage 264. sts, and alsckland Gas

g the relev

mmon senseairs and maed. This isrk undertaket identifiedegree and ior entity buy test” – “a FCT (1961)5,011 (CA))may be tak

art of anythincipal itema separate

es consideri a single asof distortion Bay Electri

whether sor the thing cation or siz Power Dist

M Inspector muel Jones rett (HM Ins81 (KB)). things mig897, O’Gran componeand Gas (Ced part of t Electric, Ha

ning somethvant asset es Bay Powal to a largevant assetof separate repairs andr).

3

consider the Gas Co Ltd

-stage appmining whenue in natuch of Lord P That is carso in applyi (PC)).

vant asset

e, in decidinaintenance s importantken is of a cd. Identifyimpression.

ut rather foca physical t) 106 CLR ). When coken from whing else, am of capital physical thing whethesset may bn if too largic v CIR (19

omething is can be sepze (Lindsaytribution Lt of Taxes) vs & Co (Devspector of Something

ght suggestady, Samueent parts wiCA)). Substhat systemawkes Bay

hing’s funct being work

wer, Case Ner asset’s at (Hawkes Be operationd maintena

e nature and v CIR (20

roach, the ether repairure dependPearce in Bre must be ng case au

t

ng whetherexpenditur

t so an assecapital or reng the rele. This is nocuses on whing which377, CIR v onsidering w

whether it isnd whether equipmenthing or simer it is physe made up ge or too sm999) 19 NZ

a distinct aarately ide

y v FCT (19td v CIR (19v Bullcroft Mvondale) LtdTaxes) v Lo that is phyt that it is ael Jones, Maill often be idiary parts

m rather tha Power).

tion may alked on (Auc

N8 (1991) 1ability to phBay Power) by itself is

ance contex

nd extent o00) 19 NZT

courts are rs and mains on the sp

BP Australiaused in appthorities to

r the capitare, the asseessment caevenue nat

evant asset ot about finhat the cou satisfies a Auckland Gwhether sos an entiretyr the thing t. Identifyiply a compically and f of interdepmall a subjeZTC 15,001

asset it mantified by p61) 106 CL998) 18 NZMain Collierd v CIR (19owestoft Wysically divia single assargrett). A relevant tos of an intean assets in

so be helpfckland Gas

13 NZTC 3,0hysically fu), while soms more likelxt (Poverty

of the work TC 15,702

clear that intenance pecific factsa Ltd v FCT plying the

o different

al limitationet being won be madeture in the is always a

nding a profurts have particular Gas Co Ltd omething isty by itself a is separateing whetheponent of a functionallypendent paect matter (CA)).

ay be helpfuphysical facLR 392 (FuZTC 13,685ries Ltd (19951) 32 TC

Water and Gisible and set (Case F6Also, a physo finding a egrated systn their own

ful when s (CA), Pove052). A smnction is no

mething thaly to be the Bay Electri

done

in

s.

orked as

a fit-

an and ely r

y rts. is

ul to ctors, ll Ct

5 932) 513

Gas

67 sical

tem n

erty maller ot at is e ric,

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Rela

13.

14.

15.

Seco

16.

17.

18.

19.

ationship w

The prinfor repawhen ideThis beinrelating repairs a

In the Cdeprecia“Residenpropertywith theasset beidentifyicontext.purposeCommis

As was nbeing wodeprecia10/01 wtreated athemselv“commecommercases bepurposethat in tdepreciamaintenretrospe

ond stage

The secoexpenditor reven(Aucklanand exte

Repairs different“as new”asset maFor incorepairs aextent o

If the worenewal work wilv CIR [1905). Wreplacem

Expenditgood we

with the d

nciples that irs and maientifying anng the case to an item and mainte

ommissionable propertntial rental y” Tax Infor analysis in

eing repaireng the item Any assets by applyisioner as th

noted in IS orked on ination rules fwas releasedas separateves (see th

ercial fit-outrcial fit-out e different fs. It is antihe context

ation purpoance purpo

ectively from

– nature a

ond stage, ture is dedunue in naturnd Gas (PC)ent of the w

and maintet ways. Fo” condition,ay be reconme tax purand mainteof the work

ork done to of the assell be capita1968] NZLRWhether thement or ren

ture incurreear and tea

epreciatio

the courts intenance pn item of tae, when it c of tangiblenance purp

er’s view, tty in a resid properties rmation Bun this Interped or workem of deprect in a resideng the threhe relevant

10/01, simn a commerfor commerd) with the e items of dhe definitiont” in s YA 1 the asset ufrom the ascipated tha of commerses will be oses. It is am the 2011

and exten

when deteructible, is tre in the co), Lindsay)work done t

enance pror example, , or substannstructed urposes, the nance depe done to th

o the asset et, or substl expenditu

R 193 (SC),ere has beenewal will a

ed to repairr, that has

4

on rules

have devepurposes arangible procomes to ree property tposes will b

the analysisdential ren – Deprecia

ulletin Vol 2pretation Sed on. IS 1ciable propeential rentaee-step testt asset for

milar principrcial properrcial buildin intention tdepreciablens of “build1). This meused for desset identifat a legislatrcial fit-out similarly tranticipated

1-12 income

nt of work

rmining whto consider ontext of th. This is acto the asse

blems affec an asset mntial parts

using new a deductibiliends on a ce asset.

results in ttantially theure (Aucklan Lurcott v

en such a sulways be a

r or mainta the effect

eloped to idre the sameperty for deepairs and mthat is deprbe generally

s on how total property

ation of item2, No 4 (M

Statement o10/01 provierty in a resal property t in IS 10/0repairs and

ples apply wrty context.ngs were amthat items oe property, ing”, “com

eans that inpreciation ied for repation changet the relevareated as th that this ce year.

done

hether repa whether thhe asset idechieved by t.

cting assetsmay be repaof an asset

and sometimty of the exconsideratio

the reconste whole of nd Gas (PCWakely andubstantial r matter of

ain the asseof changing

entify the re principlesepreciationmaintenancreciable, thy the same

o identify ay context inms of depreay 2010) ison identifyindes a threesidential re identified f01 will be trd maintenan

when ident. However,mended in of commercdistinct fromercial bui

n the contexpurposes mairs and mae will be mant asset thhe asset fochange will

irs and mahe expenditentified as t considering

s can be reaired and ret may be remes differexpenditure on of the na

truction, repthe asset, t

C), Aucklandd Wheeler [reconstructfact and de

et, over andg the chara

relevant ass that applyn purposes.ce expendit

he asset for item.

an item of n IS 10/01eciable s consistenng the relee-step test ental properfor depreciareated by tnce purpos

ifying the a, the 2010 (aftecial fit-out om the buildilding” and xt of

may in somaintenance ade to ensuhat is used fr repairs an apply

intenance ture is capithe entiretyg the natur

esolved in restored to eplaced or aent materia incurred oature and

placement the cost of d Trotting C[1911] 1 KBtion, egree.

d above maacter of the

sset y ture r

:

t vant for rty ation the es.

asset

r IS be dings

e ure for nd

tal y re

an an ls. n

or that Club B

aking

Page 5: INTERPRETATION STATEMENT: IS 12/03 INCOME TAX ... · PDF file1 INTERPRETATION STATEMENT: IS 12/03 INCOME TAX – DEDUCTIBILITY OF REPAIRS AND MAINTENANCE EXPENDITURE – GENERAL PRINCIPLES

20.

21.

22.

23.

24.

25.

26.

27.

asset wimaintainor subston revendeductib

When defactors tasset (Acapacityof the wthe workBalderst(PC and considerdone to (AucklanCinemas

The defefrom bei(SurveyoCollector

Repairs reconstrasset, orproject. single asNZTC 11

Where rand not from the16 NZTC

It is appbetweenBay Elec

There is repairs h

No deduasset upbusinessasset (Ladeductioasset if tasset wabe used Theatres

The natuas a resusame prevent asfocus is

ll also be cn the asset antially thenue accounble (Aucklan

etermining to consider uckland Ga

y, its useful ork done, ck done to thton (Survey CA)). Detration of ththe asset a

nd Gas (PC)s Ltd (1952

erral of reping deductior of Taxesr of Income

and mainteruct, replacr to change This is regsset or a gr1,361 (CA),

epairs and as part of oe effect thaC 11,290 (H

propriate ann deductiblectric).

no deductihad the wo

uction is allop to the cons. Such exaw Shippinon may stillthe purchasas in a stat as intendes Ltd v Jone

ure of the eult of a signrinciples mus are applieon the wor

apital expe without ree whole of tt, and is (snd Gas (PC

whether th are the naas (PC)). C life, functiocannot be rhe asset (Pyor of Taxesermining the extent ofand the bus), Case L68

2) 86 CLR 1

airs will notble expend

s) v Vickerse Tax, Bech

enance wore or renew e that assetgardless of roup of ass, Hawkes B

maintenanone overallt the work

HC)).

nd possible e repair cos

ion for a nork been car

owed for exndition necependiture fg Co Ltd v be allowedse price of e of disrepa

ed despite ites [1973] C

expenditurenificant eveust be applied to repairrk done.

5

enditure. Eplacing, recthe asset, osubject to aC)).

he work donture and th

Changes to on or operarelied on inPoverty Bays) (1889) 2he scale of f the work dsiness, as w8 (1989) 11102, Case N

t in itself cditure to cas Ltd [1915huanaland P

rk that form an asset, ot’s characte whether thets (Coloni

Bay Power,

nce expendil plan, the e done has o

in some sists and non

otional amorried out di

xpenditure essary for iforms part IR Commrsd for expen the asset wair, and whts state of Ch 288 (CA

e does not ent, for exaied to repars arising fo

xpenditureconstructinor without cany other li

ne is capitahe scale of an asset’s ating capac isolation to

y Electric, H2 TC 485 (I the work ddone, the imwell as the 1 NZTC 1,3N8, Hawkes

hange the cpital expen] 3 KB 267Protectorat

ms part of oor substanter will likelyhat project ial Motor CoCase X26 (

iture is incuexpenditureon the asse

tuations ton-deductible

ount that mifferently (P

incurred tot to be useof the capit

rs (1930) 12nditure on rwas not affehen the assdisrepair (O

A)).

change if thample fire, irs arising a

or other rea

incurred tog or renewchanging itmitations a

al in naturethe work dvalue, its e

city, whetheo establish

Highland RaIH (1 Div)),done includemportance cost of the 98, Wester

s Bay Power

character oditure (Oun, Rhodesia

te [1933] A

one overall tially the wy take its naconcerns wo Ltd v CIR(2006) 22 N

urred on ane should ta

et (Sherlaw

apportion e capital wo

might have bPoverty Bay

o bring a ned in the taxtal cost of a2 TC 621 (Irepairs to aected by thet was acqOdeon Asso

he repairs aflood or eaas a result asons (Case

o repair or wing the assts characterapplying)

, relevant done to the earning er or not a the natureailway Co v, Auckland es a of the wor work donern Suburbs r).

of repair consworth Railways L

AC 368 (PC)

project to whole of an

ature from work done oR (1994) 16NZTC 12,31

n ad hoc baake its char

w v CIR (199

expenditurorks (Pover

been spenty Electric).

ewly acquirxpayer’s acquiring thIH (1 Div))

a newly acqhe fact thatuired it couociated

are carriedrthquake. of a signifie F67). Th

set, r is

goal e of v Gas

k e

sts

Ltd v )).

that on a 6 15).

asis racter 94)

re rty

t on

red

he ). A uired

t the uld

out The cant e

Page 6: INTERPRETATION STATEMENT: IS 12/03 INCOME TAX ... · PDF file1 INTERPRETATION STATEMENT: IS 12/03 INCOME TAX – DEDUCTIBILITY OF REPAIRS AND MAINTENANCE EXPENDITURE – GENERAL PRINCIPLES

Intr

28.

App

29.

30.

31.

32.

33.

34.

roduction

Since thexpenditGas), sigearthquarules. Inof the geNew Zea

roach to d

This Intedeductibexpenditpropertyin this Intradition

The Intedeductioexpenditstatemedenied b

The statThen, ondevelopethat part

If the woor renewcapital ereconstrwhole ofexpenditthat goecapital, ais not a the who

There aroverall pacquisiti

If the exexpenditdeductiofor the erequirem

n

e Commissture the cognificant evakes) and tn the Commeneral princaland and t

deductibili

erpretation bility of repture will ary which manterpretational capital/r

erpretation on for repaiture must bnt then con

by the appl

tement expnce the assed by case ticular asse

ork done towal of the aexpenditureruction, repf the asset,ture will bees beyond rand work dreconstructle of the as

re some exproject thaton conditio

xpenditure ture will beon). If the expenditurements.

sioner’s 199urts have hvents have there has bmissioner’s ciples relathe publicat

ty of repa

Statementairs and maise when soy be depreon Statemerevenue cas

Statement rs and maibe deductibnsiders howication of th

lains how tset is identif law for decet is capital

o the asset asset, or sue. If the woplacement o, then depee either caprepairs and done that dtion, replacsset) will be

ceptions, fot is capital ion of the as

is found to e denied (asexpenditur

e will be allo

6

94 statemeheard some occurred (been legisla view, all thing to repation of this

airs and m

t sets out taintenanceome work iciable prop

ent is basedses and the

t begins by ntenance e

ble under thw to determhe capital l

to identify tfied, the stciding whetl or revenu

has resultebstantially ork done toor renewal ending on thpital or reve changes thoes not chacement or re revenue.

or examplein nature osset.

be capital ssuming nore is found owed subje

ent on repaie significanteg, the Chr

ative changhese develoirs and ma updated In

aintenanc

he Commise expenditus done to a

perty. The d on the gee repairs an

establishinexpenditurehe general

mine whetheimitation.

the asset thtatement lother the cose in nature

ed in the re the whole o the asset of the assehe nature oenue in nathe characteange the chrenewal of

e where theor the work

in nature ao other speto be revenect to satisf

irs and mait cases (egristchurch 2es to the deopments waintenance e

nterpretatio

ce expendi

ssioner’s viere. Usuallyan item of tstructure o

eneral provind mainten

ng that firste to be allowpermissioner a deduct

hat is beingoks at the st of the wo.

econstructioof the assefalls short

et, or substaof the workure. Generer of the asharacter of the asset, o

e work form done relate

a deductioncific provisinue in natufying any o

intenance g, Auckland2010 and 2epreciationarrant a reexpendituron Stateme

iture

ews on they this type tangible of the analyisions, the

nance case

t, for a wed, the

n. The tion will be

g worked on principles ork done to

on, replaceet, it will beof being a antially the

k done the rally, work sset will be the asset (or substant

ms part of oes to the p

n for that ions allow f

ure, a deducother legisla

d 2011 n view e in

ent.

of

ysis

law.

n.

o

ment e

e

done (and tially

one re-

for a ction ative

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Flow

35.

36.

37.

38.

wchart - ap

The folloInterpre

As noteddeductiolimitatioconcerneon repai

Capital edeprecialoss will and any availabilInterpre

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pproach to

owing flowcetation Stat

d earlier, oton for repain in s DA 2ed only witrs and mai

expenditureation rules i be availab improvemity or other

etation Stat

o importanton that thea). Care ming case au

o analysis

chart showsement take

ther limitatrs and mai

2(2)). Howh the applintenance.

e is not dedin subpart le. Since tents to thorwise of a dement.

t to remem answer wi

must be useuthorities to

7

s the approes:

tions to thentenance e

wever, this Ication of th

ductible butEE. If thoshe 2011-20

ose buildingdepreciatio

ber when cill always bd in applyino different c

oach the an

general peexpenditureInterpretatihe capital li

t will be suse rules are012 incomegs have a 0n loss is ou

consideringe a matter ng the capicircumstan

alysis in th

ermission me (eg, the pion Statemmitation to

bject to thee satisfied, e year, cert% deprecia

utside the s

the capita of fact andtal/revenueces (Auckla

his

might deny private ent is

o expenditu

e normal a depreciattain buildination rate. scope of thi

l/revenue d degree (Be tests andand Gas (P

a

ure

tion gs The s

BP also C)).

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Rele

39.

40.

41.

42.

43.

Ana

Is th

44.

45.

evance of c

Until thethe deduspecificaalteratiootherwis

Since thexpenditdeductiblimitatiostatemethe repe

In the Cs 108 an2007 is s 108 exincreases 108). done to expenditcontinuethe partcontinuerepairs a

In additithe genethe Comyears reparticulabetweencircumst

Thereforcapital/rthe caseeven if dwhetherby the c

alysis

he expend

The firstincurredthe expe

Under thexpenditby the ta

in com

case law d

e 1993/94 iuctibility of ally provideons. An extse) of repai

e repeal ofture on repbility provisns in s DA nt, the bod

eal of s 108

ommissionnd what wilessentially xpenditure e the value Whereas nrepair or ature is not e to be releicular assetes to be theand mainte

ion, many oeral capital/

mmissioner’smain usefu

arly for the n capital antances.

re, in summrevenue cases that specdecided undr a deductioapital limita

diture dedu

t issue to b on repairsenditure sa

he general ture or lossaxpayer:

deriving thmbination o

decided un

ncome yea repairs andd for the dtensive bodrs and mai

f s 108 of thpairs and mions. The 2 apply. H

dy of repair8 is still rele

er’s view, il be deduct the same. on work doof that ass

now under tlter an assecapital in nvant to thet being wore starting pnance expe

of the well-/revenue tes view, the ul in establi analogies td revenue

mary, the Cses (ie, thecifically addder repealeon for repaiation in s D

uctible un

e consideres and mainttisfies the g

permissions to the ext

eir assessaof both (s D

8

nder previ

ar, s 108 ofd maintenaeduction of

dy of case lntenance e

he Income maintenance

general peHowever, asrs and mainevant.

in practice tible under (The mosone to repaset was dedthe generaet will be d

nature.) Ine extent therked on. Tpoint when enditure.

-known repests in one principles shing the dthey offer aexpenditur

Commissione cases not dress repaired legislatioirs and maiDA 2(1).

der the ge

ed when detenance is ageneral per

, a deductitent to whic

able incomeDA 1(1)(a))

ious legisl

f the Incomance expenf amounts saw addressexpenditure

Tax Act 19e has been rmission ins said in thentenance ca

what was d the generat importantir or alter a

ductible (sel provisionseductible o the Commey provide his is becauapproachin

pairs and m form or an establisheddeductibilityand for there in repairs

ner consider about repars and mainon, are relentenance e

eneral per

etermining an allowablrmission fo

on is allowch the expe

e or exclude); or

ation

me Tax Act 1diture. Secspent on reses the dede under this

976, the dedtested und s DA 1 ande Commissase law tha

deductible ual provisiont differencean asset the the secons expendituonly to the emissioner’s v

guidance ouse identifyng the dedu

aintenancenother. Ford in these cy of such ex distinctions and main

rs that bothairs and mantenance exvant when expenditure

rmission?

whether exle deductior deduction

ed for an aenditure or

ed income

1976 goverction 108 epairs and ductibility (os legislation

ductibility oder the gened the gene

sioner’s 199t existed b

under the ons of the ITe is that unat did not nd proviso ure on workextent thatview, the c

on identifyinying the assuctibility of

e cases appr this reasocases over xpenditure

ns they maktenance

h the generaintenance)xpenditure determinine is prohibit

xpenditure n is whethens in s DA 1

amount of loss is incu

or a

rned

or n.

of eral ral 94 efore

old A der

in k t the ases ng set any

ply on, in the , ke

ral ) and ,

ng ted

er 1(1).

urred

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Nexu

46.

47.

48.

49.

Exam

in ass(s

us with in

The esseexpenditbusinessThis is re

The leadCIR v Ba(1978) 3the requincurredtaxpayeconsiderEarlier s“expendpreserve“necessaword “nesufficien

To deterexpenditmust bethe expecontinuoprocess longer ait is to dthat assLtd v FaX26).

Paragrapon a busrequiremdeductibderivatiokeep theNZTC 9,expenditexpenditconsider(HC)).

mples – ne

Exampleestablish

Jack ownadvertiseconcludesdown. Jatenants. have the

the course sessable inDA 1(1)(b)

ncome

ential featuture and ths by the taxeferred to a

ding cases oanks (19783 NZTC 61,uirement fo and the asr in order frs these dectatutory priture neceses that requarily” is no ecessarily” t degree of

rmine whetture and its consideredenditure is ous incomewill alwaysn asset is nemonstrateet and incormer (Surv

ph (b) of s siness, permment under ble even whon of assese enterprise164 (HC) ature incurreture. Paragred (see als

exus with

e 1 – tempohed)

s a rental pred the propes that the reack decides t The propert property rep

of carryingcome or ex)).

re of s DA he deriving xpayer for tas the statu

on deductib) 3 NZTC 6271 (CA). r a statutorssessable inor the expecisions remrovisions thssarily incuuirement folonger incl did no morf connectio

her the reqs relevanced. The factincurred. T-earning pr

s be a mattnot used ine that thereome from thveyor of Tax

DA 1, whicmits a wide para (a), ehere that exsable income on foot orat 9,168). Ted to protegraph (b) aso Thornton

income

orary break

roperty. Jacrty he is exp

eason he canto tidy up thty is temporapaired, clean

9

g on a businxcluded inc

1(1) is the of assessathe purposutory nexus

bility under61,236 (CA In both cary nexus toncome or cenditure to

main relevanhat corresporred in carror nexus, nuded. It isre than indn between

quired nexue to the taxtual situatioThe expendrocess. Ther of fact a an incomee is a suffiche activity xes) (1910

ch applies oer approachexpenditurexpenditure me in somer reduce exThat is, pact or advan

also permitsn Estates Li

k in rental a

ck’s tenant hperiencing dinnot find a nhe property tarily unavailned, and pai

ness for theome or a c

requiremeble income e of derivins.

r earlier inc) and Buck

ases, the Coo exist betwcarrying on be deductint to the inond to s DArying on a botwithstand

s the Commicate a req the expend

us exists, thpayer’s incon must bediture muste continuan

and degree.e-producingcient nexusor business) 5 TC 529

only to taxph than parae under par “… cannote positive wxpenditure”ra (b) permnce a busins longer-teimited v CI

activity (su

has just movifficulty findiew tenant isto make it mlable for rentnted. Once

e purpose oombination

ent of a nex or the carr

ng assessab

ome tax legley & Youngourt of Appween the ex of a busineible. The Cterpretatio

A 1(1)(b) rebusiness”. ding that th

missioner’s vuirement thditure and t

he true chaome-earnin consideredt be connecnce of an in. This meag activity th between es (Vallambr, Rhodesia

payers who (a). In cora (b) may t be directly

way, but [is]” (Cox v CIRmits a deduess or to avrm objectivIR (1995) 1

fficient nex

ed out. Althng a new tes that the pro

more attractivtal while Jac this work ha

of deriving n of both

xus betweerying on of ble income.

gislation arg Ltd v CIReal highlighxpenditure ess of the Commissionn of s DA 1eferred to Section DAhe word view that that there bthe busines

aracter of thng process d at the timcted to a ncome-earnans that thehe more difexpenditurerosa Rubbe Railways,

are carryinontrast to th still be y linked to ] … made tR (1992) 14

uction for void or redves to be 17 NZTC 12

xus

hough Jack nant. He

roperty is toove to potentck arranges tas been don

their

n the a .

re R hted

ner 1(1).

A 1

he be a ss.

he

me

ning e fficult e on er Co Case

ng he

the to … 4

duce

2,230

o run ial to e

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Does

50.

51.

52.

53.

54.

Wha

55.

56.

Jack will sufficient

Exampleestablish

Tina owndecided tundertakedeductiondamage sdeductiblused to dnot have

s the capi

Having cexpenditwhetherthe expeIf an amdeductib

The courexpendittests, it those caexpendit

The courrepairs a

Th

Thto

If the wonature, texpendit

This Inte

at is the as

To estabcapital oGas (PCreplacemassessmor reven

FrequenexerciseColonial work wastrengthwas the repair wSimilarlyheritage

look for a ne nexus to Ja

e 2 – repairhed)

ed a residento move intoen repairs on for the cossustained whe because th

derive assess the necessa

tal limitat

concluded ature under r the capitaenditure to

mount of exble.

rts have foture is capiis importan

apital/reventure.

rts have usand mainte

e first stag

e second st that asset.

ork done tothe capital ture.

erpretation

sset being

blish whethor revenue ) at 15,706

ment is beinment can benue nature

tly, as Lorde and the an Motor, She

as carried ohening and warehouse

work on a boy in Case Xe building, t

ew tenant. Tck deriving

rs made aft

ntial rental p the house an the proper

st of the repahen the houshe rental actsable incomeary nexus to

tion deny a

a deduction the general limitation the extentpenditure i

rmulated vtal or revennt to considnue tests in

sed a two-snance expe

e is to iden

tage is to c

o the asset limitation i

Statement

g worked o

er expenditnature the

6, “is to ideng applied”e made as tin the cont

d Nicholls enswer is oberlaw and Cut to an eigthe additio

e. In Sherlaoat-shed. T

X26, where the relevan

10

The expendiassessable i

ter rental ac

roperty for sand use it asrty and had airs to her hse was tenativity has cee. At the tim Tina’s asses

a deductio

n is availabal permissio in s DA 2(t to which ts found to

various testnue in natuder the appn the contex

stage approenditure is

ntify the ass

consider the

indicates tin s DA 2(1

t now looks

on?

ture on rep first step,

entify the ob”. This is imto whether text of the a

explains at bvious”. ThCase X26. ght-storey

on of a storelaw the taxThe relevanthe taxpayt asset was

ture that Jacncome from

ctivity ceas

several years her home. it fully repaiouse on the nted. Howeased and the

me the expenssable incom

on for the

le for repaion, the nex1) applies the expendibe capital i

s for determure. Howevproach to bext of repair

oach when d capital or r

set that ha

e nature an

hat the exp1) will deny

s in more d

pairs or maas Lord Nicbject to whmportant be the work uasset ident

15,706, “thhis is demon In Colonialwarehouseey. The repayers re-pnt asset waers earthqus the buildi

ck incurs wil his rental a

sed (sufficie

s. Two year This year snted. Tina s basis they rver, the repae house is nnditure was

me.

expenditu

rs and mait step is toto deny a dture is of ain nature, i

mining whever, before e taken whrs and main

determiningrevenue in

s been wor

nd extent o

penditure is a deductio

etail at the

intenance wcholls stateich the testecause thenundertaken ified.

his is a stranstrated in l Motor signe, including levant assepiled and caas the boat-uake-strengng. Howev

ll have a activity.

ient nexus n

rs ago she he has seeks to clairelated to air costs areo longer bei incurred it d

ure?

ntenance o determinededuction foa capital nat will not b

ether applying then applying

ntenance

g whether nature:

rked on.

of the work

s capital in on for that

ese two stag

work is of aed in Aucklat of repair n an is of a cap

aightforward cases suchnificant rep earthquaket in that caarried out o-shed. gthened a ver, there w

not

im a

e not ng did

e or ture. e

hose g

done

ges.

a and or

ital

d h as air

ke-ase other

will

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57.

58.

59.

The

60.

61.

be situatseveral cwhat thecontext.

In Aucklgas-distcorrosioentry. Bunreliabas each introduccast irontransmitremaininsupport

The issuthe polyidentifyiapplied, whose fuAucklandof the gaphysical new pipepipes nosignificaidentifiedsubstant

The Privthat havrelevantwhat thecarry ou

“entirety

In the Cupheld),the asseGas Comthis testincome eInstead,in the Aulooking fadoptingcase (whway to identirety result fro

In Lindsaentirety being a thing tha

tions wherecases where asset is th

land Gas (Pribution sysn and fractBy the 1980le and expe problem wced a progran and steel tted at a higng function conduit for

e before thethylene png the obje found the unction wasd’s gas-distas-distribut componenes, the chao longer disnt portion od asset (Autially, it wa

y Council’sving a degret to finding e asset’s fuut that func

test” – “a

ourt of App, Blanchardet being wompany Ltd v which conearning act, the Court ustralian Hfor “a physg the wordshen applyindentify the of the physom misiden

ay, Kitto J by itself anphysical that is used f

e the answere the courthat is being

PC) the taxpstem. The ure issues 0s, the taxpensive to mas identifieamme of in gas pipes. gher pressu of the old r the polyet

he court waipes was deect to whichrelevant ass to carry gtribution sytion systemnts. The Prracter of th

scharged thof the systeuckland’s gas found to

reference ee of physi a single asnction is antion.

a physical

peal decisio J rejected rked on byv CIR (1997centrated otivity had b of Appeal iigh Court cical thing ws used by thng Kitto J’s asset beinsical asset ntification.

considerednd not a suing that safor landing

11

er is not sots have prog worked o

payer had cast iron acausing sigpayer’s sys

maintain used. To rectnserting po The polyeure and we cast iron athylene pip

as whether eductible ash the test osset to be tgas from onystem. Them as a functrivy Councilhe existing heir originalem was upas-distribut be capital e

to “an assecal connect

sset. Consind what ite

thing whi

on in Auckla the “profit

y Williams J7) 18 NZTCon the relatbeen rejectein Aucklandcase Lindsawhich satisfhe Court of approach ig worked o in question

that a slipbsidiary patisfies a “p (and subse

o obvious. ovided guidn in a repa

major proband steel pignificant gastem was ining a “find ify these islyethylene

ethylene pipere less likend steel pipes.

the expends repairs. Tof repair or the “assemne place to e asset wastional entity went on to system wa function ograded. Astion systemexpenditure

emblage of tion betweederation al

ems or com

ich satisfie

and Gas (wt-earning en in the High

C 13,408). tionship of ed in Aucklad Trotting fay v FCT (19fies a particf Appeal in n Lindsay),

on was by in, pointing

way ought art of anytharticular noequent laun

In this regaance on hoirs and ma

lems with ipes had lea

as leakage an a poor staand fix” sysues the tapiping into

pes allowedely to leak. pes was to

diture on thThe Privy C replacemeblage of lin another” ts not an absy separate o hold that,as changed f carrying gs the chara

m) had chane.

linked pipeen componeso needs toponents ar

es a partic

hich the Prntity test” uh Court dec Blanchard the work toand Trottinavoured Kit961) 106 Ccular notion the Poverty, stated thanquiry intoout the dis

to be conshing else – totion” – namnching) of b

ard there aow to identiintenance

its low-presaking jointsand water ate of repaiystem of repaxpayer its existing

d the gas to The only act as a

he insertionCouncil, in ent was beinked pipes hat made ustract conc from its , by inserti as the old gas, and a

acter of the nged

es” suggestent parts iso be given re necessar

cular notio

rivy Counciused to idecision (Auck J noted tho the taxpa

ng (CA). tto J’s appr

CLR 377 of n”. Blanchaty Bay Electat the correo the totalitstortion tha

sidered an the slipwaymely a phyboats and s

are ify

ssure s,

r, pairs

g o be

n of

ng

up cept

ng

ts s to

ry to

on”

l entify kland at

ayer’s

roach

ard J, tric ect y or t can

y ysical ships

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62.

63.

64.

65.

66.

for the pat 384:

Bprea[E

Kitto J ais an “enand conc

I pnainretoafo

Kitto J cphysical

an

sep

The firstslipway of a larg

The secoidentifiaimportandistinguijudgmenitem of cfundame“principaitem “seseparateAlternatcharactehaving pbe that acases dis

Lindsay agreed w

Tpslaidthvephaitw

purpose of

ut where the urpose of decelevant to cos such, but foEmphasis add

lso noted itntirety by itcluded at 3 am of opinion

purposes of tot as a subs principal, an

n a discussion enewal in the o which the chny larger thiorm part. [Em

onsidered i thing whic

“entirety b

parately ide

t factor, thawas whole

ger asset or

ond factor ible” as a pnt enough tished in sont what chacapital equental to theal”). Howeeparately idely identifiaively, it coueristics, sucphysical chaall of thesescuss this f

was appeawith the dehe entirety, itremises on wlipway was usnd which togedentified as thhe cradle is messels are ma

problem was ave no doubpproach the pself, a very s

whether the wo

repairing th

question is widing that que

onsider, one or a physicaled]

t was necestself” or wh385: n that the No. he question idiary part ond indeed th as to whethe opposed senshoice of descring or aggremphasis added

it was relevch satisfies

by itself” an

entifiable a

at the slipw or completr aggregatio

is a little lerincipal itemto be consime way froaracteristicsipment is pe taxpayer’sver, severaentifiable”.

able becausuld be sepach as not bearacteristic are relevafactor (or s

led to the Fcision of Kit is said, consihich its businesed or, alternaether were saie slip, the craoved and the

anoeuvred ont rejected by

bt that he waproblem in eithsubstantial eork which was

12

hem. In re

hether expendestion one askis looking notl thing which

ssary to cohether it is

1 slipway oug I have to de

of anything ehe principal, er work done ises abovemeniption is to begation of thid]

vant when c a particula

nd not a “su

s a principa

way was an te in itself ron of thing

ss clear. Tm of capitadered as a

om other ites led the copresumablys business al possible . For examse it is a funarately ideneing physics that diffe

ant aspects similar facto

Full High Coitto J, statinisted, either, ess was conduatively, of a nuid to constitutadle employed dolphins andto the cradle. the learned as right. It wher of the sug

erection and ts done was do

eaching his

diture has beeks what is tht for a profit-eh satisfies a

nsider whea “subsidia

ght to be consecide, as an eelse. It is sep item of capin relation to i

ntioned, the sue made is the ings of which

concluding r notion” th

ubsidiary p

al item of c

“entirety brather thans forming a

The fact thel equipmenn asset in iems. It is ourt to its cy an asset t(that beingcharacteris

mple, an itemnctioning untifiable beccally attacher from thos to be takeors) in mor

ourt ((1961ng at 393: of the whole oucted and in cumber of whate the slipwayd upon it, the warping winc This metho judge of firs

would be artificggested ways the real questone in the exe

conclusion

en for repairs,he entirety wearning structuparticular no

ether the asary part of a

sidered, for thentirety by itparately idental equipment constitutes aubject matter slipway itself, it may be sug

that the slhat the slip

art of some

capital equi

by itself”, su being a co

an asset.

e slipway wnt suggeststs own righnot clear frconclusion. hat is impo

g the ordinatics could mm of equipmnit in its owcause of phed to otherse of other n into accoe detail.

1) 106 CLR

of the partnerconnexion witht were called . These comphauling mach

ches by meand of approacst instance acial in the extfor the slipwation for decisioecution of repa

, Kitto J sta

, and for the which it is ure or entity, otion.

sset or propanything el

he tself, and ntifiable as nt, so that a repair or a

r in relation , and not ggested to

ipway was pway was:

ething else

pment.

uggests theomponent p

was “separas it was ht and coulrom the A principaortant or ary meaninmake such ment couldwn right. hysical r items or items. It m

ount. Later

R 392) who

rship’s h which the components ponents are hine by which s of which

ch to the and we treme to ay was, in on was airs to it. As

ated

perty se”

“a

”;

e part

tely

d be

al

g of an d be

may

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67.

Appl

68.

69.

70.

71.

wthpas

The abovby the fa

lying the “

The taxpdemolitiothe sams 113(1)that the whole oftrotting test” frowork wa

It is noterepairs aHoweverwhat theout on thregard, trelevant

The Couincurredexpenditof correcimplicatimaintenhand. Itoo sma

Ifhmresuocosu

The Couasset waPoverty (1998) 1the Highbe vieweline was This strofunction functionsystem” own righ

we see the prhe fact that t

premises or bppurtenancelipway. [Em

ve quotatioact the slip

“entirety t

payer in Auon of a trote site as re) of the Lan “premises”f the club’s track. Them Lindsay,

as to be eva

ed that theand alteratir, in doing e “entirety”hat “entiretthe finding t in a repair

rt of Appea in replacinture on “rectly identifyions of incoance). Then doing so ll a subjectf a subsidiary as been repla

matter of capiteplacement ofubject matter bviously a repomponent andubstituted.

rt of Appeaas the GisbBay reticul

18 NZTC 13h Court’s sued as a sep part of an ongly sugge by itself (i). Similarly

” should be ht.

roblem the athere were oby the fact thes, such as tphasis added]

on suggestsway was a

test”

uckland Trotting track epairs or altnd and Inco” of the clu complex o

e Court of A, found thataluated was

e court in Auions undertso, the cou” was beforty” was rep of the cours and main

al in Povertng overheadpairs or altying the suorrectly idene court thenthe court w

t matter wa part of an assced, there mi

tal. That couldf a car tyre or is correctly spair involving d even if an im

al agreed worne urbanation syste3,779 (HC)uggestion thparate asset integratedests it is ree, it includey, it is relev considered

13

answer to thiother buildinhat, on the phose describ]

s the High C substantia

tting (CA) cand the coterations toome Tax Acb subject t

of buildings Appeal disagt the “prems just the t

uckland Trotaken by thurt still had re it could epair work tort in Aucklantenance co

ty Bay Electd electricityterations”. bject mattentifying then discussedwarned of tas identifiedset is regardeght be a tendd lead to an ar a spark plug een as the wh a replacemenmproved or m

with the Hign reticulatioem) (Povert). Howevehat each set. This was system anlevant to thes all the pvant whethd part of th

is question cngs or erectiopremises, thebed, for use

Court was l structure

claimed exnstruction o the “premct 1954. Thto the repai and improgreed and,

mises” of thrack.

otting (CA)he club app to work ou

evaluate who premises.and Trottingontext unde

tric considey lines with The court er of the exe asset (in d the relevathe danger d, stating ad as the subjeency to classi

absurd result, as a capital imhole of the mont of a mere co

modified versio

h Court’s fon system (ty Bay Elec

er, the Coureparate secs because end incapablhe entirety parts that aher subsidiaat system r

could not be ons on the aere were in connexion

influenced in its own

penditure oof a replace

mises” of thhe taxpayers and altevements an applying the club on w

consideredlied to “preut a means hether the w. Thereforeg (CA) is coer the curre

ered whethe undergroudiscussed t

xpenditure the contextant asset inof distortiot 15,006: ect matter andfy what has o for example, mprovement wotor vehicle, tomponent, evn of that com

inding that (rather thanctric Power rt of Appeaction of the each separae of separa test whethre necessa

ary parts ofrather than

affected by ppellant’s

n with the

in its decisright.

on the ement trace club under contende

erations wand not just he “entiretywhich the re

d how the emises”. of determiwork carriee, in that onsidered sent legislat

er expenditund cables the importaand noted t of repairsn the case aon if too lar d that part

occurred as a treating the when, if the he work is

ven a vital mponent is

t the relevan the wider Board v CIl disagreed line could ate sectionate operatioher an assery for it to f an “integrn assets in t

ion

k on er d s the the y epair

ining ed

still tion.

ture was ance the

s and at ge or

nt r IR d with also of on. t can rated their

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72.

73.

74.

75.

76.

77.

78.

Howeverwhere a might berepair onbeing tosubject a subsidhas beenas a matof a merclassified

In conclusystem, clearly dnetworkfrom the

In Hawkincurredexpenditpoint is test” fro

Goddardresidentwas:

a p

an

a s

The “phytransformin a certthing (iethe suppurban rebecauseinstalledwhich thfound todistribut

Goddarddistributdisconnestructurenecessa

Regardinnoted thby custoby the fatype distcustomefactors, separate

r, the Cour “substantie made to anly” (at 15,o broad, thmatter couiary part ofn replaced,tter of capire componed as a repa

uding that the Court distinguisha, in that “[ie rest of the

kes Bay Pow in replacinture on “reidentifying m Lindsay

d J, in applyial distribut

physical thi

entirety by

separately

ysical thingmers and dtain area. Te, the electrply of electresidential d it was “ph

d undergrouhe distributo be an entition system

d J found thtion systemected from e” (at 13,7ry that eve

ng the “sephat the urbaomer type aact most oftinguished ers. It appesuch as loc

ely identifia

t of Appealal capital wappear so r,007). In ohen substanld be seen f an asset i there mightal. That cent, even aair.

the relevanof Appeal c

able in engii]t could bee Poverty B

wer the coung overheadpairs or alt the “nature (at 13,700

ying the antion system

ng that sat

y itself and

identified p

g which satidistributors This suggesricity networicity). Furistribution ysically cap

und withoution system irety by itse

m.

his to be them “could not the nationa01). It is c

erything req

parately idean residentand area anf it was und“urban resears Goddacation, wheable.

14

l also warnework by an relatively mother wordsntial capita as merely is regardedht be a tencould lead t vital comp

nt asset waconsidered neering ter

e switched Bay networ

urt considerd electricityterations”. e of the rel

0–13,701).

alysis fromm constitute

tisfied a pa

not a subs

principal ite

isfies a par that supplsts that theork) that carther, a parsystem) wapable of bet recourse t satisfies” (elf and not

e case event operate aal grid) andclear from tquired to ea

entifiable astial distribund that its sderground. idential” fro

ard J was pen determin

ed against individual e

minor as to s, if the subl work that a repair to

d as the subdency to cl

to an absurponent, ma

as the Gisboit relevant rms from th(or isolatedk” (at 15,0

red the issuy lines with Goddard Jlevant asse

m Lindsay, ded the relev

rticular not

sidiary part

m of capita

rticular notiied electrice inquiry is arries out articular partas found toing separatto or effect(at 13,701) merely a s

n though ths an indeped was “not this that in arn a profit

s a principation systemseparatene In this regom “urban rimarily conning whethe

taking this electricity sbe thought

bject matte forms part the whole.bject mattelassify whard result. Ay still be co

orne urban that the syhe rest of td by electric07).

ue of wheth undergrou, noting tha

et”, applied

determined vant asset

tion,

of anythin

al equipmen

on” was thity to dome focused on particular t of the neto be the reletely and indt upon the o). Consequsubsidiary p

he urban reendent entian entire p defining an from it is i

al item” inqm was sepass was furtgard, custo industrial” ncerned witer two item

inquiry toosupply autht a matter oer is seen at of the tota. Converseer and that t has occur

A replacemeorrectly

reticulatioystem was the Povertycal means)

her expendund cables at the start the “entire

that the uby finding

ng else, and

nt.

e network estic consun a physica function (itwork (the evant assedependentlother areasuently, it wpart of a la

esidential ity” (if

profit-earninn asset, it iincluded.

uiry, Goddarately identher identifomer area a and “rural”th physical

ms were

o far hority of s al ely, if part rred ent

n

Bay

iture was ting ety

rban it

d

of mers l e,

t y s as rger

ng s not

ard J tified ied and ”

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79.

80.

81.

82.

83.

84.

85.

With regcapital einvolvedoverhealed “to tcapital e

Goddardduring thdistributwere an transformitems ththis case

In Case the hoteThe lowefloor intoand admas a pizzresident

The taxpdamagedincome fJudge Baexpendit

In reachrelevantThis wastitle andthe buildthat the

Case N8whethera substaconcerneconcretewas the conveyoequipmefacilitiesin relatioof severcontrol aused equCommisthat eachad beethe planamount

Having cthe variowas the expendit

gard to wheequipment id in putting d lines, andhe irrefutab

equipment”

d J also fouhe course otion system integral pamers were at are intege the supply

F67 the taxel’s busineser floor of to two flats.

ministered tza parlour aial flats to

payers carrd the buildfor the portarber disallture.

hing his dect asset raths because t insured an

ding was in building as

8 is an examr an aggregantial manued quite sue “batching batching p

or and a squent and sup) and that on to that wal acres of and supervuipment ansioner arguh individuan a repair, t was a sin that the ex

comprehenous items o relevant asture, noting

ether the “din itself, Go the netwod the extenble conclus (at 13,701

nd that theof the conv

m (the relevart of the d necessary gral to an ay of electric

xpayers cas was a twothe building The build

the propertyand a knickthe respect

ried out signing. The tation of the owed the d

cision, Judger than the

the taxpayend administternally pas a whole w

mple of a siation of thi

ufacturer anbstantial w plant”. Th

plant (whichuare-shapepply; and theach item owhole. (Th land, an ofisor’s office

nd storage yued the plaal element s renewal orgle entity,

xpenditure

sively revieof expenditusset or entig at 3,070:

15

distributionoddard J nork undergro

nt of the sysion” that th1).

e distributioversion to uvant asset iistribution for the netasset’s abilcity) tend t

rried on buo-storeyed g was dividing was ony as one buk-knack shotive shop le

nificant repaxpayers clrepairs thadeduction o

ge Barber ide individualers jointly otered the prtitioned di

was the rele

ituation whings made nd supplier works underhe taxpayerh compriseded tower; thhe dispatchof expendite plant wasffice and ade, yards, a yards, in adnt should nshould be ar replaceme then the wwas of a ca

ewed the naure, Judge ity against

system” woted that thound, the cstem that hhe system w

on transformndergroundn the case)system as twork to retity to fulfil to be a sub

usiness as h rental builed into two

n one title auilding. Thop. The upessees.

pair work afaimed a de

at insuranceon the basis

dentified th shops and

owned the property as id not chanevant asset

ere the couup a single of ready-mrtaken in rer contendedd the grounhe associath office, conture was fos situated odministrativtruck parkiddition to tnot be seenaddressed tent. It was

work was ofapital natur

ature of the Bathgate t which to co

was a princihe sheer scacomparativehad been pwas “a prin

mers that wd lines were). This wasa whole. Tticulate. Thits physicalsidiary part

hotel propriding adjoin

o shops andand the taxpe shops we

pstairs flats

fter a fire eeduction age did not cos that it wa

at the buildd flats withiland and bu one buildinge Judge Bt.

urt had to ce asset. Thmixed concrelation to a d that the wnd storage ed water antrol room ar repairs oron premisesve building,ng and washe batching as one ent

to consider s further cof such an exre.

e taxpayer’turned to coonsider the

pal item ofale of the ce cost with

put undergrncipal item

were replace a part of s because tThe his suggestl function (t of the ass

ietors. Parning the hod the upperpayers insuere leased o were lease

extensively gainst their over. as capital

ding was thn the builduilding on ong. The facBarber’s fin

consider he taxpayerrete. The c ready-mixwhole entitbins; the nd electricaand dispatcr maintenas that cons, a laboratoshing area,g plant.) Ttity, but ra whether th

ontended thxtent, size

’s businessonsider whe nature of

f cost

round of

ced the they

ts in set.

t of tel. r ured out ed as

he ing. one ct ding

r was case xed y

al ch nce

sisted ory, a , and The ther here hat if and

and at the

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86.

Over

87.

88.

I wcoecoretrcoaureapgth

I rogthcoths

Judge BaThe firstconveyethe readcontrol rentities were phcontinue

Demafi

rseas auth

The Newwhen idecontext.Margrett

In O'Grawas consmoke apurposeConseqube capita

Aa w…reinisthchthpth

find there wewhich stores, contained in thntity is physoncerned, it ieady mixed coreatment as aomposite whn existing spandertaken in tenewal of the nd impressio

present purpoearbox was rehat would see

consider theoom, which wround bins, elhe ground bionnection behe less tangiupervision fr

athgate idet entity beined, mixed ady-mixed coroom and twere conneysically anded at 3,071Different functintities. The f

manufactured n administratrst entity.

horities

w Zealand centifying th Three cast.

ady the taxstructed to

and fumes fs. Rowlatt

uently, the al. Rowlatt

As regards the replacement.

which you thro… what is theepairing the ron entirety, it iss very largelyhe gases and himney. It wahis: They bu

place; they puhey switched

re two entitieconveys, mixehe final ready sically attachs continuousoncrete. To idn individual ithole. If a moark plug, so fathe course of spark plug ason as to whaoses. The eneplaced, that m more like a

e supervisorwere all houselevators and tins, elevatoretween the tible connectirom one to t

entified twong the thingnd produceoncrete. Thhe dispatchected, Judgd functiona: ions, althoughirst was the einto ready mixive office whic

courts havehe asset beses often re

payer built do the wofrom the fu J found theexpenditurt J (referrin chimney, I th. You repair aow away. The entirety? Toof by puttings having a newy a questionfumes, and soas unsafe andilt a new chiut flues to thd the gases f

16

s involved in es and producemixed concre

hed or joinedsly involved dentify any ontem would be otor car has a ar as the moto repair or mais a capital itemat is includedntity in the examay be a repaa capital item.

r's office, theed in a separattower, to be ars and towertwo were theions of electthe other. [E

o separate egs attacheded the matehe other enh and supege Bathgateally distinct

h associated fntity handlingxed concrete.ch controlled a

e taken guiding workedeferred to a

a replacemrk of the o

urnaces thae chimney re on building to Lurcohink it is reallya roof by puttiere is no doubThe slate is nog in new slatesw one and it i

n of degree. …o on, were ledd would not doimney at a lihat chimney from the old

the work. Thes the materiate as supplied

d, or so far as in the one pne part and sin unrealistic in new spark pluorist is concerntenance of tm. It is a qud or excludedample given isair, but if the .

e dispatch ofte and detacha separate ar plus its cone electrical wtrical controlEmphasis adde

entities as d to each oerials makintity being rvisor’s offie placed im from each

unctions, werg the raw mat The second and supervise

dance fromd on in a reare O’Grady

ment chimnld chimneyt raise stea stack to beng the chimtt) said at y very clear. ing on new slat about that. t the entirety s. What is thes not repairin… This was a fd by flues ando any more. Wttle distance and then, w flues into th

e first and obvals making upd by the objec the materialsrocess of mangle it out for this context. ug installed inned that is wohe motor car,estion of facd in an entitys the motor ca engine were r

ffice and the ed building frnd distinct etents. The o

wiring connes, administred]

being the rther that stng up and the separatces. Even portance o other. Jud

e carried out erials that wewas more in t

ed the function

overseas apair and my, Samuel J

ey stack. T, which waam and powe the relevamney stack 101: Of course eveates instead o But the critica in the roof. Ye entirety? If g an old one. factory chimne then went upWhat they dide away in ano

when it was fihe new flues

vious is that p and ctor. That s are anufacturing r separate It is a n the place of ork , and is not a ct, degree y for ar. If the replaced,

control rom the entity from only ections and ration and

relevant asstored, contained itely housed though the

on the fact tdge Bathga

in the two ere the nature of ns of the

authorities maintenanceJones and

The chimnes to carry awer for collant asset. was found

ery repair is of old ones, cal matter is You are you replace I think it ey to which p the d was simply other

finished, s and so up

sets.

in d e two they te

e

ey away iery

to

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89.

90.

91.

92.

threothnnch

Rowlatt part of tdistancephysicaldecision

The latereplacemusing a plant thaof repairerected chimneychimneySession larger enstack wabe applierevenuefact the substitutstated a

…bcowthdnin

It is con“commean item Rather hintendedthe factosuggestiand CA) structuremainten

The deciwhere thof Inlandthe factsPresidenthat “thea questioLordshipdecision as this c

he new chimepairing a sune. And theyhey kept it, beo accounting ew chimney ahimney is the

J found as the colliery.e away at aly separate.

r decision Sment chimnlarge groupat dischargr and was rclose to the

y could takeys were par found the cntity, the faas the releved. The co nature. T expense inte was onlyt 518):

…but so far as eyond a doubommercially

which is the fache words of Roubtless an inone the less a

ndustrial profit

sidered thaercially … in must be anhis Lordshipd to refer toory to be coing this, the and Hawkee test as a ance conte

ision of thehe chimneyd Revenue s in that cant Cooper ree critical mon of degre

p found at 5 of Rowlatt

case is conc

mney. I do noubsidiary par had them boecause they thfor tastes in m

and started to entirety here

a matter o. That Rownother plac

e from the r

Samuel Jonney stack. p of buildinged into a c

replaced bye existing ce over the ort of the strchimney toactory. Thivant asset tourt found the court als

ncurred in ty 2% of the

this case is cot that the chim

y and functioctory. It is quowlatt, J, the ndispensable pa subsidiary pat-earning und

at his Lordsseparable” n entire prop’s referenco what a peonsidered ae New Zeales Bay Pow means of iext.

e court in Say was foundin Samuel se from thoeferred to tatter is ... wee” (see ab518 that “itt J, as applicerned the

17

ot think it is rt of the fact

oth. Perhaps thought it was manufacturing use that one

e and they sim

of fact that wlatt J notedce could surest of the

nes, also coIn this casegs with thehimney. T

y a new chimchimney, wold chimneyructure of to be an inseis meant thto which ththe expendso noted it taking downe value of t

oncerned the mney with wh

onally an inseuite impossibl “entirety” witpart of the facart, and one oertaking. [Em

ship’s refere” does not sofit-makingce to “commerson in buas completeland courts

wer) have cdentifying

amuel Joned to be the Jones arguose in O’Grthe commewhat is the

bove at parat [was not] ed to the ffacts seem

possible to tory. I think they pulled do an artistic thg circles. Any instead of the

mply renewed

the chimned the chimnggest that factory and

oncerned the, the taxpe power beihe chimneymney. The

which was dy’s functionhe main faeparable anhe factory rhe test of reiture on the was influen the old chhe factory.

facts seem tohich we are coeparable pare to describe th which we actory, doubtleof many subsimphasis added

ence to thesuggest hisg structure mercially …siness woue. Even if hs (as seen ilearly rejecthe asset in

es contrasts relevant asued they werady. In coent made bye entirety? agraph [88 part of ouracts in the

m to demons

regard that it is simply ha

own the old oning to look at.how, they sime old one. I tit. [Emphasis

ey was not ney was buthe new ch

d that this i

he building ayer procesng suppliedy was in a de new chimemolished n. Both thectory block

nd necessarrather than epair or repe chimney nced in its himney and Lord Pres

o me to demononcerned is phrt of an “entithis chimney re concerned.ss an integraldiary parts, od]

e chimney b Lordship cto be the re inseparablld regard ahis Lordshipn Aucklandcted a profin a repairs

s with that sset. The Cere unable onsidering ty Rowlatt J... I think it] of this star duty to re O’Grady castrate ... th

as aving a new ne; perhaps . There is

mply built a think the s added]

a subsidiaruilt a little himney wasinfluenced

of a ssed paperd by a steadangerous ney was once the ne old and nk. The Coury part of a the chimn

placement c to be of a decision byd building tsident Coop

nstrate hysically, irety”, as being in . It is l part; but of a single

being considered elevant assle” was as necessarp was

d Trotting (Sit-earning and

in O’GradyCommissionto distingu

this point, L in O’Gradyt is very laratement). eview the ase, but so he chimney

ry

s his

r m state

new ew rt of

a ey could

y the he

per

that set.

ry for

SC

y ners ish Lord y rgely His

far ... is

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93.

94.

95.

96.

Key

97.

... part oidentifyiconsiderstated bbe that ifactory blittle distany othe

WhethercharacteMargrett1856 anA new reimprovefrom the

The courreservoipremisesdistinctivpart of a

Finlay J NarepwdBseC

Thereforpractical

points on

The Comidentifyi

Threpis

Idestrsatreathisep(CA

A sdaidethetensu

of an entireng the releration of thy his Lordsin Samuel Jbuilding, whtance awayer structure

r assets weeristics alsot, the taxpad had deteeservoir (wment on the old reserv

rt had to der was capits occupied”veness of ta larger ass

stated at 4ow here the snd I cannot theservoir is par

part perfectlywe are dealing ecision of Mr. ullcroft Main Ceparate and d

Collieries, Ltd.

re, when del and visua

identifyin

mmissioner ng the asse

e “first stepplacement relevant to

entifying thructure or etisfies a paalises its ecngs or busparate asseA))

single assetnger of disentified. Foe subject mndency to cbject matte

ety”. In thivant asset e specific fa

ship, the disJones the chile in O’Gry at anothee.

ere separateo appears toayer compaeriorated to which was twhe old reservoir.

ecide whethtal expendit”. The couhe reservoset (the wat

488: subject mattehink that it is rt only of the y clearly divi here. If auth Justice RowlaCollieries, Ltd,distinct thing t [Emphasis a

etermining l inquiry ca

ng the ass

takes the fet being wo

p is to idenis being ap consider?

he asset is nentity; rathrticular notconomic vainess systeet. (Lindsa

t may be mtortion if toor example,matter and tclassify whaer is too bro

18

s regard, h in any giveacts of thatstinguishingchimney warady the cher place and

ely identifiao have beeany owned such an exwice the carvoir) was c

her the expture or monrt examineir to decideter tower).

r under discusmaterial, thouRespondents’sible from thhority were neatt, to which I, because thethan was the cdded]

whether asan be an ap

set being w

following keorked on:

ntify the objpplied”. In (Auckland

not about ier it is abotion”. The lue only wh

ems does nay (HCA), H

made up of oo large or , if a subsidthat part hat has occuoad then ev

his Lordshipen case wilt case at hag fact betwas physicallhimney builtd was not p

able becausn a decidin an old resextent that iapacity of aconstructed

penditure oney “expend the phys

e whether it

ssion seems tugh it is undo’ whole physiche rest, and ieeded for thatI referred a m reservoir herchimney in O’

ssets are pppropriate c

worked on

ey points fr

ject to whicother word

d Gas (PC))

dentifying tut identifyifact a partihen used inot mean it

Hawkes Bay

interdepentoo small adiary part oas been rep

urred as a mvery replac

p demonstral always invand. Althou

ween the cay connectet was large

physically co

se of physicg factor in

ervoir that wt was not wnd a signifid in 1931 o

n building tnded for repical nature t was a sep

o me to be thubtedly the faal undertakingit is the part wt I should find oment ago, o

re is more clea’Grady v. Bullc

hysically diconsideratio

n

rom the cas

ch the test s, what is t

the profit-eng a “physcular physi

n conjunctiois not to be

y Power, Au

dent parts.a subject mof an asset placed, thematter of cacement of a

rates that volve ugh not cleses seems

ed to the mer, situated onnected to

cal Margrett. was built inworth repaiicant

on a site aw

the new pairs of and physicparate asse

he reservoir, act, that the g. It is a with which it in the

of O’Grady v. arly a croft Main

istinct, a on.

ses on

of repair othe asset t

earning sical thing wical thing on with othe regarded uckland Gas

. There is matter is is regardedere might bapital. If tha single uni

early to ain a o

In n ring.

way

cal et or

r hat it

which

er as a s

a

d as e a he t

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Exam

tharep

It inconnoCawhthe

-

-

Idethiwhmaby HCSomaJonoftSuof Ele

Loocombe Pointbe thato Ba

mples – id

Example

Frank is a5 years. Frank hasengine is replaced is a subsilarger ass

Example

Hedgy Lause. Somof one traentirety aparts to f

at forms papair to the

is always acluded or ex the “entiretion” (Linds

ase N8). Which satisfiee thing wou

an entirthings f

separat

entifying wng or simp

hether the iay be helpf physical fa

CA), Hawkeomething thay suggest nes, Margreten be relevbsidiary pathat system

ectric, Hawk

oking to semponents a helpful whverty Bay Etegral to a l the relevaat is physic be the reley Electric,

dentifying

e 3 – recond

an owner-op Until recents had his tax now seriouswith a reconidiary part oset. The eng

e 4 – loan tr

andscape Sumetimes the ailer needs rand not a sufunction and

art of the towhole. (Po

question oxcluded in ety test” – “say (HCA), hen consid

es a particuuld be:

rety by itseforming an

ely identifia

hether a paly a compotem is phyul to see wactors, for es Bay Powe

hat is physic that it is a ett). A phyvant to findarts of an inm rather thkes Bay Po

ee what theare necessahen identifyElectric, Halarger assent asset (H

cally capablevant asset Hawkes Ba

the asset

ditioned ca

perator taxi dtly the taxi hxi serviced resly worn. Thnditioned engf that asset,gine is integ

railer (asse

pplies owns company alrepairing. Thbsidiary part is a compos

19

otal subjectoverty Bay

of fact, degan entity o“a physical Auckland Tering whetlar notion”

elf and not a asset;

able as a p

art of a widonent of a wysically and whether somexample itser, O’Gradycally divisib single asseysical conneding a singlntegrated shan assets iower).

e asset’s funary for the ying the releawkes Bay Pt’s ability t

Hawkes Baye of separa

t in a repairay Power).

being wo

ar engine (s

driver. He hhas been reliegularly but he mechanicgine. The a, and is physral to the ta

et as entire

trailers thatso uses the he trailer is trt of somethisite whole.

t matter co Electric)

ree and imor asset. Ho thing whicTrotting (CAther someth the courts

a part of an

rincipal item

der asset is wider asset functionall

mething cans location oy, Samuel Jble and distet (Case F6ection betwe asset (Au

system shouin their own

nction is an asset to caevant assetPower, Caso physically

y Power). Aate operatiors and main

rked on

subsidiary p

has driven thable and ove his mechan

c recommendsset in this csically and fuxi.

ety)

t it makes av trailers for mthe asset beng else. Th

uld be seen

pression asowever, thech satisfies A), Hawkeshing is “a p are guided

n asset or a

m of capita

itself a sep includes coy distinct (

n be separaor size (LindJones, Margtinct from o67, O’Gradyween compouckland Gasuld be consn right (Pov

nd what pararry out that (Aucklande N8). Somy function iAlternativelon by itself ntenance co

part of a lar

he same taxierall is in goic has adviseds that the wcase is the taunctionally c

vailable for itmaking deliveing repairede trailer has

n as merely

s to what ise focus rem a particulas Bay Powephysical thind by wheth

aggregation

al equipmen

parate physonsidering (Case N8). ately identifdsay (Full Cgrett). other thingy, Samuel onent partss (CA)). sidered as pverty Bay

rts or at function d Gas (CA),mething this not likelyly somethinf is more likontext (Pov

rger asset)

i for the pastood conditioned him that worn engine axi. The eng

connected to

ts customersveries. The dd. It is the s all the nece

y a

s mains ar er, ng er

n of

nt.

sical It fied Ct

s

s will

part

may , at is

y to ng kely verty

)

t n. the be gine that

s to deck

essary

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Rela

98.

99.

100.

101.

Wha

102.

103.

ationship w

The prinfor repawhen ideThis beinrelating repairs a

In 2010 “Residenpropertyresidentpart of tIS 10/01rental pridentifyi

IS 10/01from themay be building,on the sstatemestep testof depreCommisstep testapplyingpropertyin IS 10/when co

As was nbeing wodeprecia10/01 was separthemselv“commecommercases bepurposethat in tdepreciamaintenretrospe

at is the na

Once thestage in deductibparticulaindicatess DA 2(1

The genmainten

with depre

nciples that irs and maientifying anng the case to an item and mainte

the Commntial rental y”. IS 10/0ial rental p

the resident1 on how toroperty conng the rele

1 concludede building aseparately , it cannot ame repairnt. IS 10/0t on how to

eciable propsioner const in IS 10/0

g this Interpy identified /01 will be

onsidering t

noted in IS orked on ination rules fwas releasedrate items oves (see th

ercial fit-outrcial fit-out e different fs. It is antihe context

ation purpoance purpo

ectively from

ature and

e relevant a the enquirble is to conar asset. Ifs the expen1) will deny

eral capitalance cases

eciation ru

the courts intenance pn item of tae, when it c of tangiblenance purp

issioner puproperties

01 sets out roperty is atial buildingo identify antext is convant asset

d that if an and it meets depreciatebe separaters and main01 also proo determineperty or is psiders that 01 will be cpretation S for depreci accepted bthe deducti

10/01, simn a commerfor commerd) with the of depreciahe definitiont” in s YA 1 the asset ufrom the ascipated tha of commerses will be oses. It is am the 2011

extent of

asset beingry as to whensider the nf the naturenditure is cay a deductio

l/revenue cs provide gu

20

ules

have devepurposes arangible procomes to ree property tposes will b

ublished an – Deprecia how to deta separate g. In the Cn item of d

nsistent wit being work

item in a rs the defin

ed. If an iteely deprecintenance caovides spece whether apart of the any outcom

consistent wtatement. iation purpby the Combility of rep

milar principrcial properrcial buildin intention tble propertns of “build1). This meused for desset identifat a legislatrcial fit-out similarly tranticipated

1-12 income

the work

g worked onether repainature and e and extenapital in naon for that

cases and tuidance in t

eloped to idre the sameperty for deepairs and mthat is deprbe generally

Interpretaation of itemtermine whitem of dep

Commissiondepreciable h the analyked on or r

residential ition of “deem is foundated. In itases as thoific guidanca particularresidential

mes reachewith the out Any asset oses by apmissioner a

pairs and m

ples apply wrty context.ngs were amthat commety, distinct ing”, “com

eans that inpreciation ied for repation changet the relevareated as th that this ce year.

done to t

n has beenrs and mai extent of tnt of the woature the ca expenditur

he more spthis second

entify the re principlesepreciationmaintenancreciable, thy the same

tion Statemms of depreether an itepreciable pner’s view, t property inysis in this sepaired.

rental proppreciable p

d to be parts analysis, se relied once in the for thing is a rental propd by applytcomes reain a resideplying the tas the relev

maintenance

when ident. However,mended in ercial fit-oufrom the bmercial bui

n the contexpurposes mairs and mae will be mant asset thhe asset fochange will

he asset?

identified, ntenance ethe work doork done toapital limitare.

pecific repad stage of t

relevant ass that applyn purposes.ce expendit

he asset for item.

ment IS 10/eciable em in a roperty or the analysin a residenstatement

perty is distproperty”, itt of the IS 10/01 rn by this

orm of a thr separate itperty. Theing the thre

ached by ntial rentalthree-step vant asset e expenditu

ifying the a, the 2010 (afteuts be treatbuildings ilding” and xt of

may in somaintenance ade to ensuhat is used fr repairs an apply

the secondexpenditureone to the o the asset ation in

irs and the enquiry

sset y ture r

/01

is s in tial on

tinct t

relied

ree-tem ee-

l test

ure.

asset

r IS ted

e ure for nd

d e is

.

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Gene

104.

105.

106.

107.

eral capita

The acceor revenapproacthe lead5,233 (Cmaintencourts tarevenue

In McKeInfaoth

A(appwowp

The CouAustraliaLtd [197Press CoBP Austr

From theassist inThe courothers. As Lord the testsguide to

al/revenu

epted appronue nature h was confing decisio

CA). While ance expenake into acc in nature.

nzies the Cn deciding whavoured by thbservations ohe Commonwe

“The sodescriptcircumsother. Oand vagappreciaanswer.distinct boundarand conturns on

‘pce

per Dixo(1946) felicitouside andthey of which mconside

Amongst the faa) the need orayments wereayments were

which were an rdinary princi

were expendedart of the pro

rt of Appeaa had been 72] NZLR 2o Ltd v CIR ralia, which

ese leading determininrts have co In additionNicholls of s need to b a reasoned

ue cases

oach for deis outlined irmed as ben of CIR v M not addresnditure, Mccount when

Court of Appether expendie courts in recf Lord Pearce ealth of Austra

lution to the ption. It has totances some oOne consideraguer indicationation of all the Although the and easily ascry, the line of

nflicting considn questions of

depends on wpractical and aclassification oexhausted in t

on J in Hallstro72 CLR 634, 6s phrases fromd the other; bunlimited app

may incline therations has be

actors weighedr occasion whe made from fe of a once an enduring benples of commed on the busincess by which

al in McKen recognised09 (CA) an (1993) 15 h Richardso

g New Zealang whetheronsidered son, the tests Birkenhead

be applied sd conclusio

21

etermining in BP Austreing the prMcKenzies ssing the decKenzies pron deciding w

peal said atiture is capitacent years is in BP Australiralia [1966] AC

problem is noto be derived fof which may ation may poins in the contre guiding feate categories ocertainable in

f distinction is derations mayf emphasis an

what the expena business poof the legal rigthe process.’

roms Pty Ltd v648. As each m earlier judg

but those phraplication. Thee scale in a paeen taken.”

d by the judicich called for fixed or circuland for all natunefit; (d) how ercial account

ness structureh income was

nzies noted d in New Zend in Buckle NZTC 10,2

on J summa

and cases sr expendituome of the may pointd in Aucklaso as to enaon to be ide

whether anralia Ltd v Freferred app New Zealaeductibilityovides guidwhether ex

t 5,236: l or income thexemplified inia Ltd v CommC 244 at pp 2

t to be found rom many asp point in one dnt so clearly trary directionures which mof capital and obvious case often hard toy produce a sitd degree. Th

nditure is calcint of view ratghts, if any, se

v Federal Com new case comgments are usases are not thy merely crysarticular case

cial committeethe expendituating capital; re producing a the payment ting; and (e) w of the taxpayearned.

the Privy Cealand in Cey & Young206 (HC) adarised in Mc

seven testsre is capitase tests to in differennd Gas (PCable the doentified. Th

ny outgoingFCT. The Bproach in Nnd Ltd (198 of repairs

dance on thxpenditure i

he approach gn the followingmissioner of Ta64-265:

by any rigid tepects of the wdirection, somhat it domina. It is a commust provide thincome expen

es that lie far f draw in bordtuation whereat answer:

culated to effether than upoecured employ

mmissioner of Tmes to be argsed in argumehe deciding fatallise particuafter a balanc

e in BP Austraure; (b) wheth (c) whether tassets or adva would be treawhether the pyer or whethe

Council decCIR v LD Na. Gallen J dopted the cKenzies.

s have beenal or revenu be more ret directions

C) commentminant fea

he tests are

g is of a capBP AustraliaNew Zealan88) 10 NZT and he factors tis capital o

generally g

Taxation of

test or whole set of me in the ates other monsense he ultimate nditure are from the

derline cases; e the answer

ect from a n the juristic yed or

Taxation ued

ent by one actor, nor are ular factors ce of all the

alia were: her the the antages ated on payments r they were

ision in BP athan and Cin Christch principles

n identified ue in natureelevant thas when appts at 15,70

atures whiche:

pital a d in

TC

he r

Co urch from

to e. n

plied. 07, h

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22

The need or occasion that calls for the expenditure: This test focuses on the principal reason or need for incurring the expenditure. In the context of this test the object of the expenditure is determined by looking not at the actual thing achieved, but at the reason or need for making the expenditure. Clear and accurate application of this test is important because it will often form the basis for applying the other capital/revenue tests. The Commissioner considers this test to be important in the context of repairs and maintenance expenditure; the focus is on why this work was done in this way at this time.

Whether the expenditure is recurrent in nature: This test involves a consideration of whether the expenditure is recurrent or a once and for all payment. If the expenditure is recurrent and made to meet a continuous demand, this suggests the payment is part of the cost of ordinary business operations and will be a revenue outlay; capital expenditure is more likely to be spent once and for all. To some extent this test holds true for repairs and maintenance purposes. However, the Commissioner considers the usefulness of the once and for all test is limited as a capital indicator in some repair circumstances. This is because frequently repair work, by its nature, might be unplanned or the result of unexpected damage. Repairs and maintenance work that is undertaken regularly on a recurring basis is likely to be revenue expenditure.

Whether the source of the payment is from fixed or circulating capital: This test focuses on whether the source of the payment is from fixed or circulating capital, rather than whether the payment affects the fixed or circulating capital of the business in question. This test is not as useful as other tests in determining whether expenditure is capital or revenue in nature because of the ease with which a taxpayer can choose between financing an asset from circulating capital or financing it from fixed capital, irrespective of the nature of the asset financed. This test has been questioned judicially (Milburn NZ Ltd v CIR (2001) 20 NZTC 17,017 (HC), CIR v Fullers Bay of Islands Ltd (2004) 21 NZTC 18,834 (HC)). In the context of repairs and maintenance expenditure, the test has less relevance because how work is funded is not a reliable indicator of its nature.

Whether the expenditure creates an identifiable asset: This test indicates that expenditure will be on capital account where an asset of a capital nature has been acquired by the expenditure, or where money is spent on improving an asset or making it more advantageous. Work done to an asset will sometimes result in a new identifiable asset, for example where the work done results in the reconstruction, replacement or renewal of the asset or substantially the whole of the asset. Similarly, where the work done involves the alteration or extension of an asset the identifiable asset test may be satisfied.

Whether the expenditure is a once and for all payment producing assets or advantages that are of an enduring benefit: Under this test, expenditure will be regarded as capital where it brings into existence an asset or advantage for the enduring benefit of the business. This test is one of the more relevant and persuasive tests for deciding whether expenditure is on capital or revenue account. However, in the context of repairs and maintenance expenditure, it is often a difficult test to apply, as nearly every repair done to an asset will result in some form of enduring benefit. The Commissioner considers that the more relevant enquiry is the one developed in the

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108.

109.

Repa

110.

represa calsTh

Whprtheonretrelis oextheCoindassor

WhprprisomremtrethicomtheThaccexthaaccof

Thereforthese geothers. earthquaidentifiatest to dJudge Ba

I toidin

Case X2Taxationthe dedulegislativlevel of japplicati

airs and m

While thquestion

pairs and msulted in a change of cso result in is “change

hether the ocess: Thie business the procesturns by meevant and on capital openditure ce asset beinommissionedicator of caset being w enhancem

hat the treainciples ofinciples of cme assistanmembered eatment fors test is oftme to, it is e issue of we Commisscounting trpenditure cat same excounting trrepairs and

re, in the coeneral capit For exampake-strengtble asset te

decide whetarber state agree … that o bring into exdentifiable assncome earning

6, which wn Review Auuctibility of ve changesjurisdictionion of the c

maintenan

e deductibn of whethe

maintenancechange in t

character ha an advanta of characte

expenditurs test focusstructure sss by whicheans of regpersuasiveor revenue context, theng worked r’s view theapital expe

worked on ient of that

atment of tf commerccommerciance, is not that tax anr one may dten used to not a suffi

whether thesioner ackneatment recan be quitependiture. eatment asd maintena

ontext of retal/revenueple, when cothen a buildest, the endther the cosd: the disputant

xistence advaset, ie the prog structure (as

as decided uthority, is repairs and in 1994. A, the Comm

capital/reve

ce cases

ility of repaer the costs

23

e line of cathe charactas occurredage of an eer” test is d

re is on the ses on the

set up for thh such a bugular outlaye tests used account. Ie deductibion than the business

enditure, pas an integr asset wou

the expendicial accoul accountin usually detnd accountidiffer from o support aciently cone expendituowledges t

equired for e different This makes an indicatnce expend

epairs and e tests will onsidering ding, Judgeduring benests were ca

t’s expenditurentages of a laperty, as parts distinct from

in 2006 in the first and maintenaAlthough omissioner cenue tests w

airs and mas are capita

ses as to wter of the ad, then in menduring bediscussed in

business distinction he earning siness oper

y. This testd to determIn a repairslity enquirye business structure tarticularly inral part of tld affect th

iture is accnting: Theg to the exterminativeing have di the treatmn approachclusive test

ure is on cathat for somrepairs and from the taes it even mtor of the aditure.

maintenanusually be the deduct

e Barber in efit test anapital or rev

e is clearly onsting characte

t of the disputm income earn

the small nd only repance expenf limited pronsiders thwas adopte

aintenance l or revenu

whether thesset being

most situatienefit beingn more deta

structure between eof profit, arates to obtt is also oneine whethe

s and mainty usually fo overall. Htest may stn circumstahe businesse business

ording to the test of appxpenditure, e. It needs fferent aiment for the

h that the ot by itself tpital or rev

me businessd maintenaax treatmemore difficuppropriate

ce expendiof greater tibility of co Case X26 d the businvenue in na

n capital accouer which imprtant’s partnersning process).

claims jurisported decisditure since

recedential he correct aed in this de

expenditurue in nature

e work done worked onions that w

g produced.ail later.

or busineexpenditurend expendtain regulae of the moer expendittenance

ocuses moreowever, in

till be a releances whers and the lo structure.

he ordinarplying ordin although o

s to be ms, and the e other. Whother tests to determinvenue accoses the nce nt required

ult to rely o tax treatm

ture, somerelevance t

osts to relied on th

ness structuature. At [

unt and was roved an ship’s

sdiction of tsion to adde the relev value giveapproach toecision.

re is solely e, the

e has . If

will .

ess e on iture r ore ure

e on the evant re the oss

ry nary of

hile have

ne unt.

d for n

ment

e of than

he ure 16]

the ress ant n the o the

a

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Anal

Has asse

111.

112.

113.

114.

Commiscapital/rdeductibmaintenon work most of legislatiodifficult where thcapital/rindividuarepairs awhen apfrequentrepairs aexpendit

lysis of ca

the work dt, or substa

As a staidentifiedis whethrenewal the work

This is cwork doincurred

One of tprincipletherefordoes supan assetcase conof a buildone to and not to repairrecoverabetween

“RalerethwPawreRmw

This prindecidingrepair of

sioner consrevenue tesbility of repance cases done to anthe repairson or in diffto extract phe courts hrevenue tesal fact situaand maintepplied careftly offer theand mainteture of a ca

ase law

done resulteantially the

rting point d asset is d

her the wor of the assek done will

onsistent wne results i is capital e

he earliest e is Lurcott.e it does nopport the pt, or substansidered theding. The that buildin a renewal r, the cost oable from thn a repair aRepair” and “rlways involveeaks; repair isenewing the phe decayed tim

which are crackart of a garde

with new mortaestoration by

Renewal, as dmeaning by twhole subjec

nciple from g whether ef an asset,

siders it remsts with theairs and ma

s can help tn asset is cas and maintferent jurisprecise prinave appliedsts togetheations. Nonnance expe

fully, the spe best guidanance expe

apital natur

ed in the ree whole of t

when deciddeductible ak done haset, or substbe capital

with the “idein the createxpenditure

authorities. While thisot address rinciple tha

antially the e recovery whole buildng by replaof the buildof the workhe tenant. nd a renewrenew” are nos renewal; ren

s effected by hpaint. A roof fmbers by sounked, broken, o

en wall tumblear, and, so fary renewal ordistinguishedhe entirety nt-matter und

Lurcott haexpenditureand therefo

24

mains appre body of caaintenancetaxpayers dapital or retenance cassdictions. Inciples fromd a combinr with repanetheless, enditure, thpecific repaance on theenditure anre.

econstructiothe asset?

ding whethas revenue s resulted intantially thein nature.

entifiable ation of a nee.

s used to sus case was the capitalat the recon whole of a of the costding was idacing a wallding. As a k done to th Lord Buck

wal at 923: ot words exprenewal of a pahacking out thfalls out of repnd wood; to sor missing; toes down; repar as necessaryr replacemend from repainot necessarder discussio

s been appe has been ore whethe

ropriate to sases that s

e expenditudecide whetevenue in nses being dt is also de

m the repaiation of theirs and mawhen consihe Commisirs and mae boundariend repairs a

on, replacem

er the cost expenditun the recone whole of

asset test” iew identifia

upport this not an inc or revenuenstruction, n asset is ct of replacinentified as was considresult, undhe building

kley comme essive of a clert; of a subordhe putties, putpair; the necesubstitute souo make good tair is effected y, new bricks nt of subsidiair, is reconstrily the wholon. [Emphas

plied by theincurred on

er the expe

supplementpecifically are. The repther expendature. This

decided undespite it somrs and maine traditionaintenance cidering the sioner consintenance ces betweenand mainten

ment or ren

of work dore, the first

nstruction, rthe asset.

in BP Austrble asset th

repairs andome tax cae nature of replaceme

capital expeng a wall th the asset, dered only

der the less was found

ented on the

ear contrast. dinate part. Atting in new ossary work is nd tiles or slathe flashings, by building it or stone. Reary parts of ruction of the but substais added]

New Zealan the replacnditure was

t the generaddress thepairs and diture incus is despiteder differenmetimes bentenance cal concepts to deductibilisiders that,cases n deductiblenance

newal of th

one to an t considerareplacemen If it has, t

ralia - wherhe expendi

d maintenaase, and f work donent or renewenditure. That formed and the wo to be a repsee’s covend to be e difference

Repair A skylight ones, and to replace tes for those and the like. up again

epair is a whole. he entirety, antially the

and courts cement or s capital or

ral e

rred e nt eing ases

o ty of ,

e

he

tion nt or hen

re the ture

ance

e, it wal of The part ork pair ant

e

in

r

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115.

116.

117.

118.

119.

120.

revenuein the Sutrack waexpenditRevenue

Hwaop

In the C980 that

Inrecop

In Hawkdid to itsby job bresulted seven in

Trethsyex

As notedexpenditreplacedthe who

This poin1,518. Thomestesubstantwiring asargued thomestedistinguiHowevercould noreconstr

At 1,522Awcarecaca

The worwhetherwhole oflooking aAucklandnoted at

. The Courupreme Coas not a repture. Mollee [1968] NZaving reached

work done in remount soughtr "alteration",lace of what w

ourt of Appt: n the result, teplacing the oonstructed suremises.

kes Bay Pows urban res

basis over m in the crea

n her summhe result in thesidential distherefore that ystem; not a xpenditure a “

d in Aucklanture does nd or renewele of the as

nt is furtheThis case cead. Sometial replaces well as rethere had nead and thaished it fror, Judge Baot be regardruction of th

2 Barber J sAfter a careful work undertakeannot be regaeconstruction apital nature aapital point of

k done to tr the work df the asset at the workd Gas, Povet 15,024 of

rt of Appeaurt that thepair and theer J in AuckZLR 193 (Sd this decisionespect of it, at to be deduct but by the co

was, substant

peal Richmo

he appellant horiginal shell trbstantially of

wer Goddarsidential dismany yearsation of a n

mary that: he present casribution systethe urban resrepaired syste“new” underg

nd Trottingnot only arised. Capital sset is reco

r illustratedoncerned r structural ment of fra

e-piling andnot been a at much of m the new arber foundded as repahe homeste

stated: analysis and en by the objearded as “repa of the homesand was incurf view.

the asset mdone is so sis reconstr

k done overerty Bay El Auckland G

25

l in Aucklane constructerefore thekland TrottinSC) at 205 hn [that the traand find, on alted by the cluonstruction ofially, the who

ond J suppo

has failed in mrack by a new new material

rd J was satstribution s, was a tot

new asset.

se is that subsem has been psidential systeem. Thus, Hawround urban r

g (SC) and Hse when an expenditunstructed,

d by the derepairs and parts of thamework, ld extensivecomplete rthe origina track in Au

d the buildinairs. The wead.

consideration ector on the hairs or alteratistead and, in mrred in the im

must be looksubstantial ructed, replr more thanlectric and HGas (CA):

nd Trottingtion of a ne cost of theng Club v Cheld: ack was the asl the evidenceb was incurref what was suble of the 1960

orted Molle

my opinion to w track of greas is either a re

tisfied the wystem, althal reconstr At 13,707,

stantially the placed undergm is a new anwkes Bay Powresidential dis

Hawkes Ban asset is cre may alsoreplaced o

ecision in Ca maintenane house weinings, inte exterior cleplacemen

al structure uckland Trong work dowork involve

of the evidenhomestead waons”. The womy view, the eprovement of

ked at in its that the waced or renn one incomHawkes Ba

g upheld Mow track in pe work doneCommission

sset] I revert e available, thd not by way bstantially a n0 track.

r J’s finding

show that theater depth andepair or altera

work Hawkhough carrieuction proj, she conclu

whole of the uround. It follo

nd different diwer has acquirstribution syst

y Power, caompletely ro arise wher renewed.

ase J92 (19nce work doere retainederior joineryadding. Tht of the orig remained. otting (SC ane was so ed the com

nce I find the bas so extensivork involved thexpenditure w the premises

s totality tohole, or sunewed. Thme year as y Power. B

oller J’s decplace of ane was capitner of Inlan

back to the hat the of "repair" new track in

g and held

e work of d ation of

kes Bay Powed out on aect that uded as po

urban ows istribution red by its tem.

apital reconstructen substant

987) 9 NZTone to a fard but therey, plumbinghe taxpayeginal This and CA). extensive i

mplete

building ve that it he complete was of a s from a

o decide bstantially is can inclu was the caBlanchard J

cision old tal nd

at

wer a job

int

ted, tially

TC rm e was g and r

t

the ude ase in J

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121.

122.

Has

123.

124.

125.

Twcobyinb

A decisiothe whoor renewto be masimply bhave takthis Inteof the wwork dothe assematter o

Howeveris capitathe workor substbe capitaasset. T

the work d

Where rreplacemthe assecharacteor reventhe asse

In Aucklthat the work falthe asseacknowlmaintenevery sitnature. “repair” objects dHe comm

ApdciciLu

His Lordshort of substantdetermincharacte

…it

he work donewhich was of aonveyor of gay artificially tr

n separate inceing effected.

on as to whle, or subst

wed may noade, especibeing kept iken into accerpretation work done”.

ne to the aet and the cof fact and

r, when detal or revenuk done to aantially theal expenditThis issue is

done change

epair work ment or renet, then furter of the asnue in naturet’s distinct

land Gas (P cost of wols short of

et, or substedged thatance and dtuation. He Lord Nicho and “replado not lendmented at Authority on thhysical objectoes the naturircumstances ircumstances.urcott v Wake

ship consid being a rectially the wning the naer of the ob… sometimes r falls far short

in a particulan ongoing pros. The questireating as sepome years de

hether the wtantially theot always bially when cn a servicecount whenStatement These facsset, the s

cost of the degree.

termining wue in naturen asset has

e whole of tture if it hass discussed

ed the char

done to annewal of thether analysset is requre. By cha nature.

PC) Lord Nicrk done to resulting inantially the sometimes

deductible, e considereolls noted thcement” is

d themselve 15,706: he question ofts to which thee of the work may be unhe This is true

ely & Wheeler

dered that iconstructiohole of the

ature of thebject”. Lordepair may nott of being a re

26

ar year is propogramme to reion is: what w

parate works peny the reality

work done e whole, of

be easy. Hocomponenteable conditn making su at paragra

ctors includeize and impwork done

whether exe, it is not es reconstruthe asset. s the effect

d next.

racter of th

n asset fallse identified sis on the eired to deteracter of th

cholls clarif an asset isn a reconstre whole of ts the work but that wi

ed that somhat authori only of limes easily to

f repair or repe test of repa done. Judicialpful or misleaeven of the ce [1911] 1 KB

in cases whn, replacem

e asset, thee expenditud Nicholls st be the approeplacement of

perly to be seeeplace all the

was being achiportions of any or minimise

to the assef the asset owever, it its of an asstion. Someuch judgemaph [160] ue indicatorsportance of. This enqu

penditure fenough onlucted, repla The cost oft of changin

e asset?

s short of b asset, or s

effect of theermine whehe asset, w

fied that it s deductibleruction, renthe asset. done may ill not nece

metimes repty on the d

mited assistao this “exerc

lacement is oir has to be apal dicta applicading when apelebrated obs905 at p 294

here the woment or ren important re is “the e

stated at 15opriate descripf substantially

en in its overa low-pressure ieved? A taxp overall progrthe extent of

et is so subis reconstrus a judgem

set are renee of the facments are sunder the hs such as thf the replacuiry will alw

for work doy to determ

aced or renef the work ng the char

eing a recosubstantialle work doneether the cohat is being

is not righte as “repairnewal or reSimply put well be repssarily be t

pair work cadistinction bance and thcise in char

f limited assispplied vary wiable to one sepplied in differervation of Bu ….

ork done tonewal of the considerateffect of the5,706: ption of work

y the whole of

all context, e system as a payer cannot ramme done what is

bstantial thaucted, repla

ment that neewed insteactors the coset out laterheading “Sche extent ocement partways be a

one to an asmine whethewed the adone will sracter of th

onstructiony the whole on the osts are cag referred t

t to presumrs” where tplacement t, Lord Nichpairs or the case in an be capitbetween hat some racterisatio

stance. The idely. So et of rent uckley LJ in

o an asset fe asset, or tion for e work on t

even though f the relevant

at aced eeds ad of ourts r in cale of the ts to

sset her asset, till e

, e of

pital to is

me hat of holls

tal in

n”.

falls

the

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126.

127.

128.

129.

Natu

130.

suim

If the wocapital eof changrevenue

Lord Nicwhetherof the asat 15,70

Ifrenthocore[E

In Auckldone anexisting had effefunction instead gas. Lo

Fachpaa

This Intethe effec

the

the

ure of the w

Lord Nicthe basisincludingasset. L

…itsua

Tv 5th(e(1exhaa

ubject-mattermportant cons

ork done toexpenditureging the cha in nature a

cholls went r the work dsset: the na07: f a significant eplaced wholeormally be rehe new pipes nes. The woharacter of tr making goepair, the foEmphasis add

land Gas (Pd the mate gas netwoctively bee of the old had becomrd Nicholls ar from restorhanged the chortion of it hand steel servind advantage

erpretation ct of the wo

e nature of

e scale of t

work done

cholls in Aucs for his fing the choiceLord Nicholl… sometimes r falls far shortubject-matterlso an impor

his is explicit, Commissione8 at p 72, Winhing to a conemphasis add1889) 2 TC 48xisting fashioneld this substnd contrastelong the line

r. The effect osideration.

o an asset he. If the woaracter of tand deduct

on to identdone to an ature and t

portion of thisesale with newgarded as repare made from

ork may be othe existing od specific lermer would ed]

PC) it was foerials used brk had been abandonpipes had ce housing f stated at 1ring the gas dharacter of thed been upgraces were supe

es mentioned a

Statementork done on

the work d

he work do

ckland Gas nding that te of materils stated atepair may nott of being a rer. The effectrtant conside

or implicit, iner of Taxation ndeyer J obsendition it fored). In Highla85 parts of then, but with stetitution was ed this with te: that “woul

27

of the work on

has the effeork done tothe asset thtible.

tify two fac asset has tthe scale of

s series of linw pipes, the wpair of the exism materials wf such a natu system. Thieaking pipes do more tha

found that aby the gas n changed.ed and repchanged sofor the poly15,708: distribution syse existing gasded. Substanerseded by poabove.

t now consin the chara

done, and

one.

s (PC) referthe nature ials used, mt 15,706-15t be the approeplacement oft of the workeration.

n several deci of the Comm

erved that repmerly had wland Railway Ce main railwayeel rails and h a material ataking awayld not alter t

n the characte

ect of chano the asset he cost of t

ctors as beithe effect of the work d

ked pipes is ework may readsting system.

which perform ure and scalis is to be cos or joints. Tan repair wha

as a result company t. A signific

placed. It wo that they yethylene p

stem to its ors distribution sntial portions olyethylene pi

iders the twacter of an

red to seveof the work

might chang5,707: opriate descripf substantiallyk on the char

ded cases. Inmonwealth of Apair “involveswithout changCo v Balderstoy track were rheavier chairsalteration any any worn rathe characte

er of the objec

ging its chadoes not hhe work do

ng relevantof changingdone. His L

ffectively abaily go beyond This is espec differently froe as to channtrasted wit

The latter woat was dama

of the scalethe characteant portion

was also fou no longer cpipes that n

iginal state, thsystem: a signof the cast-iropes having th

wo factors fasset:

eral decisionk done to thge the char

ption of work y the whole of racter of the

n W Thomas &Australia (196s a restoratioging its charon (Surveyor ore-laid, not aft. The Court od great imprails and rener of the line”

ct is also an

aracter it whave the effone will be

t when decg the characLordship st

andoned and d what would cially so if om the old ge the th replacing ould be aged.

e of the woer of the

n of the netund that thcarried gasnow carried

he work nificant on mains e differences

for determi

ns that formhe asset, racter of th

even though f the relevant object is

& Co Pty Ltd 5) 115 CLR on of a

racter” of Taxes) fter their of Session rovement, ewing them ” (see the

will be fect

ciding cter tated

ork

twork e

s, but d the

ning

med

e

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131.

132.

133.

134.

135.

LodPrtoaKpcaCbfra

If the nahas gonecost of t

Usually timproveadvantadeterminto an ascapital inchange t

One decdecision Rhodesiademonst

In Highlacompanyincurred

Tmfareapsisha

In contraRailway the effecwas founMacmilla

Tthacoofexbprena

ord President,ictum in Rhodrotectorate [1o restore it tgainst incom

KB 719 at p 72perpetually faapital expen

CLR 102 a danbetter ceilingrom the type theatre bus

ature and se beyond rethat work is

the characts or enhangeous. Honative of caset will resn nature ththe charact

cision that L of Highlana Railways.trate the ef

and Railway’s main ra was capitahen when we

must be kept inashion; it is noenewing themlter the chararoperty posseubstitute ons a material aleritable estategainst capital

ast, the Pri and held thct of changnd to be anan stated ahe periodical hey wear out n ordinary incontinuous is nf renewal whexpenditure heeen worn out aid without deestoring themot result in thppellants' exis

, Lord Inglis, adesia Railways1933] AC 368 to its former me. Consisten29, Rowlatt J oalls down or

nditure. In FCngerous ceili. Kitto J reg

e of repairs psiness. [Emp

cale of the epairs, ands capital ex

ter of an asces the asswever, an apital expenult in some

he work donter of the a

Lord Nichold Railway, . These twffect the wo

y the courtilway line c

al in nature come to the qn view that thot taking away

m in whole or icter of the lin

essed by the Ce kind of raiteration and ae belonging to. [Emphasis a

vy Council hat expending the cha

n ordinary it 374: renewal by seby use is in nocident of railwnot and cannoen it comes toere in question in earning theeduction in re to a state in e creation of sting line in a

28

at p488). Thes Ltd v Collect where the co condition wntly with this, observed that needs paintC of T v Westeng in a cinem

garded the wproperly allohasis added]

work doned has changxpenditure.

sset will be set in someimprovemenditure. The degree ofne must goasset.

ls relied on which the

wo railway cork done ca

t decided thchanged itse. The courquestion of thhis is not a mey rails that arn part along we; it would no

Company. Buil for anothera very great io the Companadded]

in Rhodesiditure on rearacter of tncident of

ections of the o sense a reco

way administraot be made goo be effected nn was incurrede income of pspect of such which they coany new asse state to earn

e Judicial Comtor of Income ost of relayin

was held to b in Mitchell v Bt replacementing with a bern Suburbs Cma was repla

work as differowed for in th

e to an asseged the cha

changed we way or maent to the ahis is becauf improvem beyond or

n was the wPrivy Coun

cases are ofan have on

hat alteratios character rt held at 4he alteration oere relaying ofre worn out orwith the wholeot affect the nut what has br, steel rails mprovement

ny, and so stat

ia Railways pairs to thehe line. Inrailway adm

rails and sleeonstruction ofation. The facod annually dnecessarily a cd in conseque

previous years wear, and reould continue et; it was incu revenue.

mmittee applie Tax, Bechuanng a railway e a legitimatBW Noble Ltd

nt of a railingrick wall wo

Cinemas Ltd (aced with a rent in degrehe working e

et indicatesaracter of th

when the woakes it morasset will nouse almost ent to that

rdinary rest

well-known cil also appften compa the charac

ons made t so that the88:

of the main linf the line afterr partially wore line. That wature of the h

been done is for iron railson the corpusted is surely a

distinguishe railway linstead, the ministration

pers of a railwf the whole ract that the weaoes not rendecapital chargence of the rai on which taxpresented theto earn incomrred to mainta

ed this naland line so as te charge

d [1927] 1 g which ould be 1952) 86 new and ee and kind expenses of

s that the whe asset, th

ork done re ot always b any repair t asset. To toration and

Scottish plied in ared to cter of an a

to the e expenditu

ne itself, it r the old rn out, and would not heritable s to s. Now that s of the a charge

hed Highlanne did not expenditurn. Lord

way line as ilway and is ar although er the work e. The ls having

x had been e cost of me. It did ain the

work he

be work be d

asset.

ure

nd have re

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136.

137.

138.

139.

Lord MacHighland

Tob[1chimcaimst

Lord NicCinemasRobins Bwork dooutcomeof the wdemonstwork dofact.

In Westearchitectof replacreplacedmaterialmaterialthan meand had was diffeexpense

TtothgInceadthnoreRLofawtrca

Robins Bbuilding great pato it courenewingcorrugatgirders hground fWestern

cmillan comd Railway ahe contrast beriginal conditirought out in 134] of this stharge againstmprovement oapital. In themprovement; tate.

cholls in Aucs. That casBros Ltd (19ne to repaie. Looked aork done ctrate how tne. The as

ern Suburbt considerecing the ceid with a news than thoss were ava

eet a need f consideraberent, in dees of a theao decide wheto be charged though the diffeneral statemn this case teiling, a maj new and beegree, but in he working exeed for restorver the old oepair bills in th

Rowlatt J. in Mordship there alls down or w

will not fall dowruth is, I thinapital asset

Bros involve was over 4art of it wasld be for prg some of tted asbestohad to be infloor was re

n Suburbs C

mmented oand Rhodesetween the coon and the co the passage jtatement], an income the e

of the line is e present instathey merely m

ckland Gas se is often c966) 43 TCr buildings,at togetheran have onthe particulssessment o

bs Cinemas d it was imiling was exw ceiling cose materialailable. Thefor restoratble advantaegree and itre businesther a particulto capital or rference betwe

ment (Sun Newhe work donjor and impoetter ceiling. kind, from the

xpenses of a thration; it provone, includinghe future. Th

Mitchell v. B. W observed, if y

wants repaintinwn or will not nk, that the and that its

ed extensiv400 years os rotten. Threservationthe roof timos. Some wnserted to se-formed inCinema, the

29

n the differsia Railwaysost of relayingost of relayingjust quoted [id while the fo

extra cost incuequally recognance the renewmade good th

s (PC) also considered

C 266 (Ch)., but the cor, the two cn the characar materiaof the work

a damagedmpractical toxpenditure onstructed s previousle court heldtion. The rages. It wan kind, fromss. Kitto J lar item of ex

revenue accoueen the two acwspapers Ltd. ne consisted ortant part of The operatioe type of repaheatre businevided a ceiling the advantaghe case resemW. Noble Ltd [you say, “I wing; I will abol want paintingnew ceiling cost was a c

ve repairs told and for he building

n purposes mbers and rwalls on thesupport then concrete. e court in R

rences betws at 376: g the line so a the line so ase, the passag

ormer is recogurred in the lanized as a propwals effected e line so as to

referred to with Conn Both caseourt in eachcases illustrcter of an als used cank done will

d ceiling wao repair. T on capital from more y used, eved that the wesulting ceas held thatm the usuastated at ppenditure on

unt is apt to beccounts is clea v. Federal Co of the replaf the structu

on seems to mairs which are ess. It did mung having coge that it redubles one of th1927] 1 KB 7ll not have a rish it and I w

g”, that is a cawas an impr

capital charg

o leased re the most p was proteonly. The replacing the lower flooe upper sto In contras

Robins Bros

ween the sit

s to restore it s to improve ie quoted at p

gnised as a legtter case in thper charge agconstituted noo restore it to

FCT v Wes (HM Inspees involved h case reacrate the effeasset. Theyn affect the always be

as replacedhe court deaccount. T suitable men though work done diling was nt the repair

al allowable age 105: business preme a matter of ar enough as aommissioner ocement of th

ure of the theme different, n properly allowch more than

onsiderable auced the likelihe illustrations19, at p 729. railing which pill build a brickapital expendirovement to ge. [Emphasis

etail premispart was oricted and anwork done he slate rooor were remoreys. The st to the de held that a

tuations in

t to its it is well aragraph gitimate he gainst o its original

stern Suburector of Tax significantched a diffefect the naty also nature of ta question

d because aecided the The ceiling

modern equivalent did much mew and betr work donee working

mises ought difficulty, a matter of

of Taxation). he entire eatre, with not only in wed for in

n meet a advantages ihood of s given by As his perpetually k wall which ture. The a fixed s added]

ses. The iginal, but ny work do included of with moved, so s rotten timbecision in although th

rbs xes) v

erent ture

the of

an cost was

more tter e

a one

steel ber

here

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140.

141.

142.

was exterevenue

…copwcaexwabbimpethpthin

While thseem cothe subtis not wione casecases is simply bmade as

In Westetaxpayeceiling cproductsrepairedlikely to different400 yeacomponewere apin Robinmaintainand in threplacedreconstrbased onbeing recontrastnecessabuilding

It is alsoLord NicNicholls where thbeing remakes itthat worinfluenceIt could ITA 2007

ensive repla account.

… this was expontinue to earurpose but by

would enable itarrying out thxpect with an

were being carltered. But thuilding does nasis that the w

mplicit in the Cproduce somexisted. Uponhis expenditururpose of enaherefore in myncome. [Emp

e decisionsontradictorytle factual dise simply te is to be p that when being repairs to the nat

ern Suburbr made by onstructed s were avai using the be a deduct approach rs old and ents as a npropriate fos Bros the

n the buildihe same locd or reneweructed, repln its particu

epaired, thet, the work ry, went be.

o interestincholl’s obse makes it chat work reeconstructedt clear thatrk changes ed by the lo be suggest7, the expe

acement ofBuckley J’senditure incurrn profits fromy putting the Ct to continue tese works cery extensive re

rried out at a the fact that thnot seem to mwork producedCommissionerething new bn that basis it re as a capitalabling the Comy judgment exhasis added]

s in Westerny, the Commdifferences to view thereferred ov major comred to a serture of the

bs Cinemas choosing to from a supilable. The equivalent ctible repai to maintainprotected),atural part or construccompany dng’s inherecation. Theed, nor wasaced or renular facts, we work done done to theeyond resto

g to considrvations in lear that w

esults in thed, replaced work done the characower court ted that if senditure wo

30

f the existins reasoning rred by the Co

m its businessCompany’s exto use that asrtain structuraepair of a builtime when bu

here were alteme to be a good something nrs’ finding thabut to repair seems to mel expenditure.

mpany to contxpenditure wh

rn Suburbs missioner c that make e cases as iver the othe

mponents ofrviceable cowork done

the court fo replace thperior mode inference materials tr. In Robinning the bu, and viewet of the repaction at the did not seekent utility. e building ws substantianewed. Thwhile the be to the bue ceiling in oration and

der the deci Auckland Gork done toe asset, or d or renewee to an assecter of the a finding of fsimilar factould be fou

ng asset, th at 274 waompany with , not by acqui

xisting asset insset. No doubal alterations wding over 400ilding techniqrations in the

od ground for new. On the at the result r something that there is It was expe

tinue to earn ihich would pro

Cinemas aconsiders th decisions irreconcilaber. What isf an asset aondition, a to the asse

focused on he damageern productis that if ththen the wons Bros, theuilding (mued the replaair process time the wk to improvThe buildinwas not comally the whoe court fouuilding wasilding did n Western S changed t

ision in RobGas (PC) reo an asset substantial

ed. As seenet will be caasset. Bucfact that ths as in Robnd to be ca

he expendits that: a view to enaring some ass

nto a state of bt in the courswere made, a0 years old, wues have com structural deproceeding upcontrary, I thiof this workwhich had p no ground fornditure incurrts profits, andoperly be char

nd Robins Bhe two casen this areale or that ts clear fromare replaced judgementet.

the improvd ceiling wt when othe ceiling haork would he company ch of whichacement of , using mat

work was dove the buildng remainedmpletely reole of the bnd in Robins improved not go beyoSuburbs Cinhe characte

bins Bros inegarding Luwill be capilly the whon, Lord Nichapital expekley J appe

he work donbins Bros arapital in nat

ture was on

abling it to set for that repair which se of as one would when repairs mpletely etails of the pon the ink it is

k was not to previously r regarding red for the d was rgeable to

Bros might es demonst so difficult

the approacm these twod instead ot has to be

vement theith a new er equivalead been have been took a h was f major terials thatone. Arguading but ond the same

econstructebuilding ns Bros tha as a result

ond repairs.nemas, whier of the

n the light ourcott. Lordital expend

ole of the asholls also nditure wh

eared to bene was reparose under ture on the

n

trate t. It ch in o of

e

ent

more

t ably, ly to

e size d,

at, t of . In le

of d iture sset,

ere airs. the

e

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Use o

143.

144.

145.

146.

147.

basis thato a recoasset, or

of more mo

The decito makedone.

In Westemade froTen Testaffixing concludeproduct availableproduct purposenew battlonger limouldedcompanyThe comceiling) aconcludeceiling ththat “thetherefor

These saAuthoritthe replatype of taltered idamagedentire rocapital in

In Aucklin repairtechnolostates:

Itbitde

Howevercharactethat whethen thethe fact new polymade ofthat the existing

at the charonstructionr both.

odern mate

ision in Wee repairs ca

ern Suburbom sheets t material hthe sheets ed that it w Ten Test we - celotex of this type. Instead htens that wfe, was har

d. Even thoy still got a

mpany consand chose ed at 106 that providee new ceiline capital ex

ame principy decision, acement oftiled roof dit. The rood sheets ofoof with a “n nature.

land Gas (Prs and mainogy may no

t often happenetter than theself, change tescription of the

r, while theer of an assen new mateir use did r that a signyethylene pf materials nature and gas system

acter of the, replacem

erials

stern Subun have an i

bs Cinemas of an impohad become to the ceili

was practicawas not avaand caneitee as he conhe replacedwere attachrder, betterough the ara price for ridered bothnot to repahat the resed considerng was an ixpenditure.

ples were a Case F78 (f a cracked id not restof could havf fibrolite bubetter” typ

PC) Lord Nicntenance wot in itself c

ns that, with ie original and the character e work.

e use of newset, Lord Niterials wereresult in a cnificant portpipes, togetwhich perfod scale of tm was chan

31

e building hent or rene

urbs Cinemaimportant b

the ceilingrted produe dry, bucking joists hally impossiailable, althe. Howevensidered thed the ceilinged to new r suited to rchitect hadrepairs to thh options (iair but to result of the wrable advanimproveme.

pplied by J(1984) 6 N fibrolite roore the asseve been reput instead t

pe of tiled r

cholls also work. He nochange the

improvements will last longeof the larger o

w materialsicholls wente used extechange of ction of the ther with thormed diffehe work wa

nged (at 15

had changeewal of sub

as illustratebearing on

of the theact called “T

kled and briad drawn tible to repaough two e

er, the archem to be ug with fibroceiling joistdecorative d advised ahe ceiling ue, repair or

eplace the wwork done wntages overent to a fixe

udge BarbeZTC 59,95

oof of a rentet to its ori

paired by ththe ownersoof. This m

discussed toted that th character o

s in technologer or function object or, hen

s may not it on and foensively ancharacter ogas networhe fact thaterently fromas such tha,708).

ed, or the wstantially th

es how the the nature

atre was prTen Test”. ittle. Manyhrough. An

air the ceilinequivalent pitect wouldnsatisfacto

ous plaster,ts. The pla treatment against repausing equivar replacemewhole ceilinwas a “newr the old oned capital a

er in the Ta1. Judge Btal propertyginal chara

he replacems chose to rmeant the w

the use of nhe use of neof the asset

y, a replacembetter. That ce, the appropr

n itself chaund in Aucd performef the assetrk had beent the new pm the old piat the chara

work amounhe whole o

materials ue of the wor

redominantOver time

y of the pinn architect ng. The products wd not use anry for this , attached taster had a and could air, the cinealent mateent of the ng. Kitto J w and bettene. He founsset” and

axation RevBarber decidy with a neacter but ment of thereplace the work was

new materiewer and bt. At 15,70

ment part is does not, of riate

ange the ckland Gas ed different. He held tn replaced pipes were ipes, meanacter of the

nted f the

used rk

tly the s

ere ny

to be ema rials.

r” nd

view ded

ew

ials better 06 he

(PC) tly, that with

nt e

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148.

149.

Othe

150.

151.

152.

153.

154.

With regcompletHowevermore adpreviousa decisiomaterialthe work

Howevermaterialof the ascapital in

er factors p

From timfactors wrevenueinclude t

the

the

the

the

the

The casethe workdone on changed

For examindicatorJ comme

Itesa

Similarlyfor the wthe railwimprovefrom thethe assehas chanJudge Bathe buildwas capexpendit

It is somindicate there is expenditthat if thand corrgiving m

gard to the ing the worr, where di

dvantageously, that maon is made s a changek done will

r, regardless are used sset, is recon nature.

otentially a

me to time when decid in nature. the effect o

e value of t

e income-e

e useful life

e function o

e operating

es show thak done. Th the asset w

d.

mple, an inr of work bented at 15t is worth obsessential elemedds value to t

y, the incomwork done tway line in Hment” evene outlay”. Tet alone cannged the charber in Cading did notable of genture.

metimes sug the work dno increaseture. Howehe old gas nroded sectio

more service

nature of trk does notfferent mats or performay indicate to use bette in the chabe capital e

ss of the ch extensivelyonstructed,

affecting the

the courts ing whethe The typesof the work

the asset;

arning capa

e of the ass

of the asset

g capacity o

at these face courts inwhen deter

crease in veing of a ca

5,008: erving also thent in capital ethe object whi

me-earningto the asseHighland Ran though thTherefore, nnot alwaysharacter of ase X26 in rt result in a

nerating, an

ggested thadone to an e in an asseever, the Cnetwork haons of pipe e and the b

32

the work dot necessarilterials are ms or funct a change iter materia

aracter of thexpenditur

hoice of may so that th, replaced o

e nature of

have been er the works of factors done on:

acity of the

set;

t;

of the asset

ctors are rastead consrmining wh

value by itseapital natu

hat it is hard toexpenditure wich is restored

g capacity oet to be capailway werehe companya compariss accurately the asset. response toany increasnd therefor

at the exteasset is of et’s useful ourt of App

ad been rep the netwo

benefits wo

one, the usy mean thaused and ations betten the chara

als instead ohe asset wie.

aterials, as he asset, oor renewed

f the work d

asked to ta done to an that the co

e asset;

t.

arely determsider the ovether the c

elf has not re. In Pove

o see the addwhen restoratid or repaired.

of an asset pital in natue found to y “derived son of the iy determin This conclo an argumse in the ree the cost c

nsion of ana capital nalife that ma

peal in Auckpaired by mrk would huld have be

e of new mat the asses a result tr or differenacter of theof the samell result and

seen abover substantia, the expen

done

ake into acn asset is courts somet

minative ofverall effectcharacter of

been consierty Bay Ele

ing of value aion or repair w

does not neure. The chbe a “permno additionncome-eare whether tusion was ent that thntal incomecould not b

asset’s usature. Coray indicate kland Gas n

merely replaave been ceen long la

materials in et is improvthe asset isntly than ite asset. We or equivad the cost

e, where neally the whnditure will

ccount otheapital or times cons

f the naturet of the worf the asset

idered a reectric Blanc

as an work usually

eed to incrhanges madmanent nal revenuerning capacthe work dalso reache

he work done the buildi

be capital

seful life maresponding revenue noted at 15acing the jocapable of sting. Furt

ved. s t did here alent of

ew ole be

er

ider

e of rk has

liable chard

ease de to

e ity of one ed by ne to ing

ay gly, if

5,022 oints

ther,

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155.

156.

157.

158.

159.

Scale

160.

the Courit is not done to an assetrevenue

In Aucklfunctionreliable gnature. problem

TCInmexsumstamgca

Lord Nic …ooth

A furthein unsoureplacemwould bemeant thoutcomeadditionbrought characte

This sugbenefit, done dochanged

In summuseful lifdone, cadone to such facasset ha

e of the wo

Another to an asdone. Twork dobeing re

rt of Appeaessential thbe capital t’s useful lif nature of w

land Gas (Pal position guide by its He explain can be solhe Court of A

Court] reachedn particular, h

made at a levextent of the ouch as existed

may be solved tructure. Or ind providing a

much the samuide. If the lapital nature.

cholls then s… the desire tout work of a cut to the phyhe work. [Em

r point to nught benefitment pipes e able to cahe overall ce was not aal capacity about by ter of the ne

ggests that the fact thes not prev

d.

mary, factorfe, functionannot be rethe asset.

ctors to supas changed

ork done

important set has cha

This is also ne has resu

econstructed

l observed hat the life in nature. fe is not alwwork done

PC), Lord Nof an assetself as to w

ned at 15,7lved in morppeal held, an

d a conclusion his comparisonel of abstractioperation carrid here may be by work whict may be solva new one. In

me in the twolatter alternat [Emphasis a

said at 15,7o solve a maincapital nature.ysical asset mphasis adde

note is that ts. For exa meant thatarry gas at capacity of a goal in its for future he work do

etwork.

where the at obtainingvent a findi

rs such as cn or operatilied on in is However,

pport an ove.

consideratanged the can importaulted in thed, replaced

33

that where of the orig This meanways a relia to an asse

icholls alsot before an

whether the08 that thisre than onend their Lords which did non of the function which paid ied out by Auce capable of bch would be reved by scrappn overall funo cases, but tive is chosen,added]

709 that: ntenance prob. The natureare what is dd]

t sometimesample, in At the new p a higher p the networelf, as the growth, it w

one, and as

work doneg the advang that the

changes tong capacitysolation to in some caerall assess

ion when dcharacter oant considere asset or sd or renewe

e the work ginal asset bs that the eable indicatt. Every fa

o noted thatd after the

e work dones was becae way: hips agree, tht reflect the reional position insufficient reckland Gas. A

being solved inegarded as a ring all or mucnctional term that is not b, the expendit

blem is not ince and extent determinativ

s work donuckland Gapipes, althoressure thark was increxisting sywas found s such indic

to an assentage was e character

an asset’sy, whether establish tases the cousment of w

determiningof the assetration whensubstantiallyed.

done creatbe extendeeffect of thetor of the caact situation

t a compari work is doe is capital use a main

hat Williams J eality of the wbefore and afegard to the nA maintenancen more than orepair of the ech of the existms the result by itself a relture may well

consistent wit of the workve of the cha

e to an assas the inserough smallean the old peased. Whstem alreadto be an im

cated a cha

et results innot a goal of the asse

value, ear or not a gohe nature ourts have thether the

g whether t is the scaln determiniy the whole

tes a new aed for the we work donapital or n is differen

ison of the one is not a or revenuentenance

[in the High work done. fter was nature and e problem one way. It existing ting structure t may be liable be of a

th carrying k carried aracter of

set may resrtion of the er in diamepipes. Thishile this dy had eno

mprovemennge in the

n an unsoug of the worket has been

rning capacoal of the wof the worktended to u character

he work doe of the woing whethee of the ass

asset work ne on

nt.

e in

sult ter,

s

ough t

ght k n

city, work k se of an

one ork er the set

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161.

162.

163.

164.

165.

166.

When coaccount asset anasset.

As seen maintenasset is the idencapital/ra new asindicate indicatedrenewal work is ihad the nature. 380 km steel serservices of the ga

In Case its motoscale of capital in

Wcadsca

TrethTwrenca

It also fothe assethe moreWestern“major aconclusio

In Case manufacthe workcentral tcentral wreplaced

At 3,074Area

onsidering t the extent nd the busin

in Aucklanance expenso substantified asset

revenue prisset, or the that expend that even of substanin relation t effect of ch For examp of the netwrvices, amo respectiveas distribut

L68 (whichor replaced work done n nature. H

Whether expenapital in naturone, when relignificant thapital expen

he refitting ofepairs. The shat it was rohere was noth

was affected. estored in theew and much apital in natur

ollows that et being woe likely the

n Suburbs Cand importaon that the

N8 (which cturing plank done to thto the operaworking cord to a signif

4 his HonouAltogether, itemenewal of the lso significant

the scale of of the worness, and t

d Gas (PC)nditure is otial that it t or substannciples, on

e productionditure is ofn where thetially the wto the assehanging theple, in Auckwork’s cast-ounting to 2ely. The cotion system

h concernedand the se to refit theHe held at nditure is for “re, appears tolated to the ase work, relat

nditure is inv

f the “S” seemsheer scale ooutine. It wahing piecemeaEntire aspects fullest sense, extended lifere. [Emphasis

the biggerrked on or expenditu

Cinemas Kitant part of e expenditu

concerned nt), Judge Bhe plant thation of there of the baficant degre

ur commentm by item by central core pt replacements

34

f the work rk done, thehe cost of w

Lord Nichoon capital acis a reconsntially the w

ne-off expenn of an advf a capital ne work donewhole of theet, the moree characterkland Gas p-iron mains23% of theurts found

m.

d work doncond was re second bo 1,401: “repairs or alto depend on thsset to which tive to the w

volved.

ms much moreof what was s an extraordal about what s of the fabric, in some resp

e. The expends added]

r, more sign replaced isre will be otto J referre the structure was cap

the deductBathgate foat the mixee plant andatching planee.

ted: item there waparts in the cos by renewal

done the ce importanwork done

olls confirmccount whe

struction, rewhole of thnditure thavantage of nature. The to an asse asset, thee likely it isr of the asspolyethylenes and into 1 entire netw that these

e to two fisrefitted), Juoat indicate

erations”, or ihe scale and s it occurs. Th

whole, the m

e to me than adone tells aginary event in was done. Tc were replacepects with moditure seems t

nificant or ms, relative tof a capital ed to the faure of the tpital.

tibility of reound it signer was repl was housent. The co

as a significanoncrete makinof many statio

ourts may ce of the win the cont

med that repen the workeplacemente asset. Ut results in an endurine courts haet falls sho

e more subss that the wet and will e pipes wer150 km of twork and 3 were subst

shing boatsudge Keaneed the expe

s more substasignificance ofhe larger andore probable

an accumulatigainst the pon the life of thehe whole capi

ed. The vesseore modern mato me to have

more integrto the assetnature. Fo

act the ceiliheatre” wh

epair costs nificant in haced. The ed in the tontents of th

nt replacemenng process. Tonary parts. W

take into work done ttext of the

pairs and k done to tht or renewander gener the creatiog benefit, mave also ort of beingstantial the

work will ha be of a capre inserted the networ32% of the tantial port

s – the firste consideredenditure wa

antial and f the work d more e it is that

on of ossibility e vessel. ital entity el was aterials, to a

e been

ral the partt as a wholor example,ing was a

hen reachin

to a cemenhis analysis mixer wasower of the he tower w

nt and here were When they

o the

he al of ral on of may

the e ave pital into k’s steel tions

t had d the as

t of e, , in

g his

nt of ere

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167.

168.

169.

170.

171.

172.

173.

athefa

Thereforimportana whole

Judge Bathe valuexpenditsuggestewhole vaother hathe assestated a

Taevinnthe[E

Judge Bainto accothat casHoweverconsisteimportanthe work

In HawkGoddard

Tva…Bca

In summwork invonly onenature”.

In the Cof the nahigh, foris difficufrom beiless expnot chanthe Comsignificain nature

Overall, and cost

re together cohe structural pntity, as a comairly obviously

re, when thnce of the p forms part

athgate alse of the asture. In keed an amoualue of the and, one-ofet before tht 3,073: he expenditurmount that is xpense is smalue of the a

ncrease in valuot regularly inhe asset prioxpenditure oEmphasis add

athgate’s dount in the e comparinr, in the Cont authoritynce of themk done to th

kes Bay Powd J said at 1he evidence faried. In the

…the fact of thay Power in itapital in natur

mary Goddavolved in the conclusion

ommissionature of exr example, ult. This doing revenueensive to rnge the cha

mmissioner nt the coste.

the courts t of work do

onsidered withparts housing mposite wholey, it was capita

he scale of tparts beingt of that con

so considereset can be

eeping withunt incurred asset, is mff expenditue work is d

re would gene regularly incu

mall and suboasset involveue of the assencurred, or suor to the worof the nature ed]

decision pro assessmen

ng the cost ommissioney as to how

m. The couhe asset, o

wer, when c13,706: rom the valua end, howevere matter is thts undergrounre.

ard J noted he total projn; that is, t

er’s view, cpenditure. if the replaoes not meae to capitaleplace an aaracter of thconsiders ts incurred,

consider thone, when

35

h the renewal or supportinge had such a qal and not rev

the work dg worked onnsideration

ed that the an indicato general cad regularly

more likely ture that is sdone is mor

erally be deduurred by reasoordinate in n

ed. On the otet, a change inubstantial in rk, may be mnot allowed a

ovides one nt of the na of the worer’s view, thw best to murts tend toof which cos

considering

ation experts r, it did not as

hat the degreend conversion

at 13,707 ject and ththat the ex

cost on its Sometimeacement paan the natu. Similarlyasset than he work dothat as a ge the more

he scale of deciding w

, replacementg the plant anquantity and vvenue in chara

one is beinn to the ass.

e cost of theor as to theapital/reven and that isto be revensubstantial re likely to

ctible also if ton of ordinarynature in relather hand worn its characte amount in r

more likely tos a deduction

example ofature and sk with the vhe courts d

make such c focus morst is only on

g the effect

… was extremssist in determe of expenditu programme c

that “the she money ependiture i

own is not es the cost arts are expure of the wy, in some cto repair it

one from beeneral proplikely the e

the work dwhether wor

ts and improvd equipment, value of work acter.

g considereset and to t

e work done nature of nue principls small, relanue in natur in relation be capital i

he expense isy wear and teaation to the k resulting in r or kind, of arelation to tho be capital under sec 10

f how cost ccale of the value of theo not provi

cost compae widely onne factor.

of the wor

mely interestinmining the keyre invested by

can only be re

scale and dexpended onn question

always a reof repair w

pensive or twork done hcircumstanc – but that eing capitalposition the xpenditure

done, includrk done is o

vements to the entire that I think,

ed, the the busines

e relative tthe les he ative to there. On the to the valuin nature.

s for an ar, or the whole a significant

an amount he value of

08(1).

can be take work donee asset. ide any risons, nor n the scale

rk done

g, although y issues. y Hawkes

egarded as

egree of thn it leads to is capital in

eliable indicwork can bethe repair whas changeces it may saving doe. That said

e more e will be cap

ding the exof a capital

ss as

to

e ue of He

en e – in

the of

e o n

cator very work d be es d,

pital

tent or

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174.

Key

175.

revenuemore intof work nature.

When bodecision it is capi

points on

The Comcases on

If tof woTro

Exmachaincwil

Whfacthe

Wiin imthedifchamachacaptherepexWe

Chfuncanto sucof Au

DeextanthedoincGaPo

nature. Ttegral the rdone increa

oth the nat can be maital or reve

the natur

mmissioner n the nature

the work dothe asset o

ork will be cotting (SC a

penditure iaking good aracter of tcurred to rell be on rev

hen determctors to cone asset (Au

th regard tcompletingproved. Hoe asset is mfferently thaaracter of taterials instaracter of tpital expene asset, or placed or rependiture restern Subu

hanges to anction or opnnot be rel the asset. ch factors tan asset ha

uckland Gas

etermining ttent of the d the busine extent of ne to the acurred, the as (PC), Caswer)

he more imreplacemenases and th

ure and theade as to thnue in natu

re and ext

takes the fe and exten

one resultsor substantcapital expeand CA), Lu

ncurred to wear and tthe asset wepair or mavenue accou

mining whetnsider are tuckland Gas

to the naturg the work dowever, wh

more advanan it did prthe asset. tead of the the asset wditure. Whsubstantialenewed, thregardless ourbs Cinem

n asset’s vaperating caied on in is Instead into support as changeds (PC and C

the scale o work doneness, as we the work d

asset and th more likelyse L68, We

36

mportant thnt parts arehe more lik

e scale of the characteure.

tent of the

following kent of the w

s in the recoially the whenditure. (urcott)

repair or mtear, that h

will also be caintain the aunt. (Auck

ther the wothe nature as (PC)).

re of the wdoes not nehere differentageous orreviously, thWhere a de same or e

will result anhere new mlly the whoe cost of thof the choic

mas, Case F

alue, its eapacity, whe

solation to en some casean overall a

d. (PovertyCA))

f the work e, the impoell as the codone, the ghe businessy the expenestern Subu

e asset is t to the ass

kely the exp

he work doer of the wo

e work don

ey points frork done:

onstructionhole of the (Auckland G

maintain thehas the effecapital expasset witho

kland Gas (P

ork done is and the sca

ork done, tecessarily ment materiar performs hat may indecision is mquivalent mnd the cost

materials arole of the ashe work doce of mater

F78)

arning capaether or noestablish thes the courassessmeny Bay Electr

done includrtance of thost of the wreater the s, and the mnditure will urbs Cinema

to the businet then argpenditure w

one are conork done –

ne to the a

rom the an

, replacemasset the c

Gas (PC), A

e asset, ovect of changenditure. E

out changinPC))

capital in nale of the w

the use of nmean that tls are usedor functiondicate a cha

made to usematerials a of the wore used extesset, is recone will be crials. (Auck

city, its useot a goal of he nature ots have tent of whetheric, Highlan

des a consihe work do

work done. importancemore signif be capital.as, Case N8

ness, or theguably the swill be capit

nsidered, a that is, wh

asset

alysis of th

ent or renecost of thatAuckland

ver and aboging the Expenditureng its chara

nature, relework done t

new materithe asset is

d and as a rs better or ange in thee better change in rk done willensively soonstructed,capital kland Gas (

eful life, the work d

of the work nded to useer the charnd Railway,

ideration ofne to the a The greatee of the woficant the c. (Auckland8, Hawkes

e scale al in

ether

he

ewal t

ove

e cter

evant to

als s result e

the l be that ,

(PC),

done, done e acter

f the asset er rk osts d Bay

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37

Examples – nature and extent of the work done to the asset

Example 5– taxi driver replaces engine (no change in character or substantial renewal)

Frank is an owner-operator taxi driver. He has driven the same taxi for the past 5 years. Until recently the taxi has been reliable and overall is in good condition. Frank has had his taxi serviced regularly but his mechanic has advised him that the engine is now seriously worn. Frank arranges for his mechanic to replace his taxi’s worn engine with a reconditioned engine that is comparable to the worn one. The cost of the replacement engine and its installation is revenue in nature. This is because the work done does not go beyond repairs to change the character of the taxi. The work done also does not result in a renewal of substantially the whole of the asset (ie, the taxi).

Example 6 – taxi driver upgrades engine (change in character)

Frank decides that if he needs to install a reconditioned engine in his taxi, rather than replacing the worn engine with a comparable engine he would prefer to upgrade to a more powerful one so that he can tow a luggage trailer. The ability to carry additional luggage will expand his business. Therefore, he asks his mechanic about sourcing and installing a compatible but more powerful engine. In this case the cost of the replacement engine and its installation will be capital expenditure. This is because the work done goes beyond repairs and has changed the character of the taxi.

Example 7 – refurbishment of item of industrial plant (substantial replacement and renewal)

Best Processors Limited owns a large item of specialised industrial plant that is central to its business. Due to wear and tear on the plant, and despite regular maintenance, the company is concerned that the quality of its products is declining. To ensure the company preserves its quality standards the company resolves to refurbish the item of plant. Extensive work is undertaken. The plant casing is repaired. The core processor unit is replaced, along with the drive mechanisms, motors and conveyors. Repairs on related parts are also undertaken. As a result of the work done to the plant, improved production quality is achieved. There have been negligible gains in the operating capacity of the plant. The cost of the work done was significant.

The costs incurred by Best Processors Limited will be capital expenditure. Although the plant may not be functionally different after the work, overall, a replacement and renewal of substantially the whole of the plant has occurred. The nature and scale of the work done supports this conclusion.

Example 8 – replacement of rotary platform in a dairy shed (substantial replacement and renewal)

Loamsdown Farms needs to replace the rotary platform in its rotary dairy shed. The existing platform drive mechanism and motor will be retained. The new platform will have no greater capacity than the old platform. The rotary platform, together with its associated drive mechanism and motor, makes up the rotary platform asset. The replacement of the platform will involve the replacement and renewal of substantially the whole of the rotary platform asset. The platform is a significant and distinct part of the entire rotary system in terms of both its size and value. The cost of replacing the rotary platform will be capital expenditure. An increase in the capacity of the platform is not necessary to establish capital expenditure, if the replacement is so significant that it amounts to the replacement or renewal of substantially the whole of the asset.

(This example is based on findings made in the Commissioner’s Interpretation Statement IS0025 “Dairy Farming – Deductibility of certain expenditure” Tax Information Bulletin Vol 12, No 2 (February 2000).)

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38

Example 9 – insulation top-up (no change in character or substantial replacement or renewal)

Peter and Alice own a residential rental property in Wellington that was built 30 years ago. After a cold snap, their tenants complain that the insulation in the house has deteriorated and is no longer effective. Peter and Alice arrange for new insulation to be inserted into the house. The cost of the insulation is revenue in nature on the basis that it is a repair to the property and does not change the character of the asset. Nor does it result in a replacement or renewal of substantially the whole of the house. The work done only restores the property to its former condition.

Example 10 – new insulation (improvement that changes character)

Ralph and Bridget own a residential rental property that has never been insulated. Their tenants have been asking for years for the walls and floors to be insulated. Finally, Ralph and Bridget agree and insulation is installed. The cost of this new insulation is capital expenditure. It is not a repair to the rental property. The addition of insulation to the house improves the house and changes its character.

Example 11 – replacement of garage roof using equivalent materials (no change in character or substantial reconstruction, replacement or renewal)

Natalie and Albert own a residential rental property. The rental property has a lean-to garage attached to it which has an asbestos roof. The roof has recently cracked and started leaking. It is no longer appropriate to use asbestos as a roofing material, so the roof of the lean-to is replaced with a comparable pre-painted steel roofing product. The cost of replacing the garage roof is revenue in nature. In this case the work done does not change the character of the asset. This is even though a newer, more modern material was used. The roofing material selected reflects current building practices, was an equivalent product and did not improve the lean-to beyond restoring it to its original condition. Nor did the work result in a reconstruction, replacement or renewal of substantially the whole of the house.

Example 12 – leaky home repairs (no change in character or substantial reconstruction, replacement or renewal)

Cath and Simon own a residential rental property. A few years ago they added a two room extension to the property. The extension has been leaking. The timber framing within the extension is rotten and needs replacing. To make the repairs the cladding and windows need to be removed from the extension and refitted. The cost of the repairs is revenue in nature. The work done to the house does not amount to a reconstruction, replacement or renewal of substantially the whole of the house. Nor do the repairs change the character of the house.

Example 13 – leaky home improvements (change in character)

Cath and Simon are unlucky and have discovered that another of the rental properties they own is a “leaky home”. In this case the solution is not as straightforward as in Example 12 above and the remedial work required is extensive. Cath and Simon decide to re-clad all the house’s exterior walls using a superior concrete block construction system rather than the equivalent substitute cladding system. While the concrete block construction system is more expensive, it should be more durable, and require less maintenance. The cost of repairs will be capital expenditure. The work done goes beyond repairing the house and the character of the house is changed. This is the outcome in this case regardless of whether the work done results in the reconstruction, replacement or renewal of the house or substantially the whole of the house.

Example 14 – major repairs to leaky building (substantial reconstruction)

Stuart owns a stand-alone single-storey commercial building in Onehunga that he leases to a small manufacturing business. The building has been leaking badly and the walls and timber framing are extensively damaged. To rectify the damage and prevent it recurring, extensive work is undertaken. All the exterior wall cladding is removed and replaced with an equivalent recommended product. Large sections of

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Othe

176.

Wha

177.

178.

179.

the buildithe floor of the intsignificanis so extebuilding.

Examplesubstant

Andrea oterrace thretaining repaired. expendituwork donwhole of wall.

er conside

Over theto the desome of that canexpenditStatemeprinciple

Wh

Wh

Wh

Is acq

Dores

t if repairs

Where tmay be undertakbasis. Onecessamaintenconveniemaintenmajor ov

Where rresultingoverhauthe issuebecause

The courwhethercapital e

ing’s framingare replaced

terior walls ant. The cost ensive it has

e 15 – repaitial reconst

wns a rentahat has been wall. The re The asset iure on the wne is not extethe retaining

erations fr

e years theeductibility these situa provide asture in thesent will nowes that have

hat if repair

hat happen

hat are not

a deductionquired but

oes the natusult of a sig

are deferre

he work dodeductible.ke repairs aOther businry. Some bance work ent to the bance but frverhaul of a

epairs are dg scale of wl costs are e can arise it occurs ir

rts have cor the deferrexpenditure

g are replaced. New flashare relined. is capital ex resulted in

ir to land imtruction, re

l property. Tn cut into theetaining walin this case i

work done to ensive enougg wall. The

rom the re

courts hav of repairs ations the cssistance wse types of

w consider se been dev

rs are defer

s when the

ional repair

n available dilapidated

ure of the egnificant ev

ed and then

one is the re. The timinand mainteesses may businesses and carry tbusiness. Orom time toan asset.

deferred, thwork done c incurred oc as to whetrregularly,

onsidered isal of repair

e.

39

ed with treathings are insThe cost of

xpenditure. the reconstr

mprovemeneplacement

The house ise hillside. Tl is deteriorais the retain repair the rgh to amoun work done a

epairs and

ve considerand maintecourts have

when decidin situations some of theveloped by t

rred and th

e repair wo

rs?

for expendd asset?

expenditurevent?

n complete

esult of accng of repairenance of th undertake may choosthem out inOther busino time they

hen accumcan be subsccasionally ther the wois capital e

ssues relatirs can resu

ted timber. stalled arounthe work do This is becaruction of su

nt (no chant or renewa

s built on a sThe hillside isating in soming wall (a laretaining want to a reconalso does no

maintena

red many denance expe developedng whetheris deductibese situatiothe courts:

hen comple

rk forms pa

diture incur

e change if

d all at onc

cumulated rs can varyheir busine repairs as se to defer nfrequentlynesses mayy may also

ulated and stantial. Si in additionork done, thexpenditure

ng to the tlt in the cos

Also, damagnd the windone to the buuse the rembstantially t

nge of charaal)

steep slope, s supported e places andand improvell is revenue

nstruction of t change the

ance cases

ifferent situpenditure. Td a numberr repairs anble. This Inons along w

ted all at o

art of one o

rred to repa

damage is

ce?

repairs the . Some buss assets o and when their repaiy at a time ty undertakebe required

completedmilarly, wh

n to regularhrough its se.

iming of rest of those

ged sectionsows, and poruilding is

medial work dthe whole of

acter or

and rests onby a large d needs to bement). Thee in nature. substantialle character o

s

uations relaTo deal witr of principnd maintenanterpretatiowith the

once?

overall proj

air a newly

s repaired a

e expendituusinesses on a regular they becomrs and that is

e regular d to perform

d all at oncehere significr repairs coscale and

epairs and repairs bei

s of rtions

done the

n a

e e The y the of the

ating th les ance

on

ect?

as a

re

r me

m a

e, the cant sts,

ing

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180.

181.

182.

183.

184.

Wha

185.

186.

Ounsworcompanyavailablecompanyout dreddredgingexpendityear, or Howevercompanyitself andcompanya new m

Howeverthat dedexpenditand maisaid at 2a contin[and] fo

The Privdeferral being reat 374:

Tthaareca

Sometimhave herevenuePrivy Cowhich thcharacte

The Comthat theyor substexpenditproject tfrom theresult dealways b

t happens

When resuggesteproject fcase whon a gro

In Colonconvert

rth considey to regain e to the comy was respodging for seg the existiture to the even if it hr, in this cay in regainid constructy had effec

means of ac

r, the obiteductibility oture incurrentenance a273 that “thuous demar all”.

y Council’s of repairs s

evenue expe he periodical hey wear out n ordinary inclthough contender the woapital charge

mes repairs ld that this or capital

ouncil’s decihe work waerisation”.

mmissioner y amount tantially theture. Similthat is capite project. Tepending obe a questio

when the r

epair work fed that it isfor tax purpether the p

oup of asset

nial Motor tha building f

ered the ded access to tmpany hadonsible for everal yearsng shipping railway comhad only bease he held ing access ting a deepctively abancess to the

er commentf expenditued regularlyas and whenhe real testnd, as opp

decision inshould not enditure to

renewal by seby use is in nocident of railwtinuous is noork of renewe. [Emphasis

can take a does not din nature. ision in Aucs carried ou

notes howto the recone whole of tarly, if the tal in naturThe cases sn what the on of fact a

repair work

forms part s not approposes wherproject concts.

he Court offrom a war

40

ductibility othe sea. T silted up t keeping ths. Rowlatt g channel wmpany if th

een dredged that the coto the sea

p-water berndoned its oe sea.

ts Rowlatt Jure on repay year by yn required t is betweenosed to an

n Rhodesia change the

o capital exp

ections of the o sense a reco

way administraot and canno

wal when it cs added]

a lengthy pedetermine w Lord Nichockland Gas ut cannot a

ever, that nstruction, the asset, t deferred rere, then thoshow that d particular and degree

forms part

of one oveopriate to sere that projcerns work

f Appeal corehouse to

of costs inche previousthrough neghe channel c J commentwould have he channel d as and wost incurredby dredginth was capold means

J made in Oairs and mayear. Expecan also ben expenditu expenditur

Railways se characterpenditure.

rails and sleeonstruction ofation. The facot be made gcomes to be e

eriod to comwhether theolls comme that “the saffect its na

if the repai replacemethe cost of epairs formose repairs different taxtaxpayer d in the part

t of one ove

rall projecteparate outect is of a done on a

nsidered wan office bu

curred by a s shipping cglect. A locclear but it ted that the been revenhad been dhen seriousd by the shg some of tital expendof access a

Ounsworth intenance inditure incue deductibleure which isre which is

upports ther of those re Lord Macm

pers of a railwf the whole ract that the w

good annualleffected nec

mplete. Age expenditunted at 15,speed or sloature or, he

rs become nt or renewthat work w

m part of on will take thxation outcid and wheticular circu

erall projec

t the courtst the differecapital natu single asse

whether the uilding, inc

ship-buildichannel cal railway had not cae cost of nue dredged yesly requiredhip-buildingthe channe

diture. Theand constru

demonstrais not limiteurred on ree. Rowlatts made to made once

e view thatepairs from

millan state

way line as ilway and is

wear ly does not cessarily a

gain, the coure incurred,708 of the owness witence, its pro

so extensivwal of the awill be capine overall heir characcomes can en. This wiumstances.

ct?

s have ent costs oure. This iset or work

work doneluding seis

ing

arried

ar by d. g el e ucted

ate ed to epairs J meet e

t the m

d

ourts d is h oper

ve asset tal

ter

ll

f the s the done

e to mic

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187.

188.

strengthstrengthbuildingrisk and demolishthe remorefurbishexpenditand capistatus ofstrengthalteratiothe prov

The Couoverall pwhetherThis wasthe seismand the capital aallocatiodone. Linvolvedindependeight stoblock. H

Tthinaa cehdth

Ooinacod…$mco

…if [E

The ComaddressipurposeCommisMotor coincurredin naturereconstrasset, or

hening, washening could. The local without thhed. The woval of a mhment and ture incurreital. The Cf the expen

hening. Theons that didviso to s 10

rt of Appeaproject thenr the work ds despite thmic strengt taxpayer hand non-deon of the toLooking at td, Richardsodent unrelaorey warehHis Honour That statutorhere was onen relation to lterations of case it begs tertain specificave constituteifferent catehat was done

On the facts out. It was no

ndependent unnd the other fonverted the eemolition into

…The magnitud5.7 million of

major part of toncrete walls.

…While strengtf anything to tEmphasis add

mmissioner ing whethes of s 108 osioner’s vieontinues to on work ce. Where rruct, renewr to change

s one projecd be consid city counce strengthe

work done imezzanine fl seismic stred into threommission

nditure, wite taxpayer

d not increa8 of the In

al suggesten the work did no morehe fact thatthening andhad alreadyductible. Rtal expendithe total woon J found tated projecouse destin stated at y inquiry rele overall con the particulaf any such asthe question tc parts of the wed alterationsegories of woe.

of this case iot and could nnrelated contrfor new and reeight storey w

o a nine storeyde of the work which the grehe strengthen That was an

thening alone the value, it wed]

recognisesr the work of the Incoew, the prin be relevanarried out arepair work or replace

e its charac

41

ct or whethdered separcil considereening worknvolved thloor, the adrengtheningee categorieer and the th the exce argued it wase the capcome Tax A

ed that if th must be eve than repat the disputd not the exy agreed waRichardson Jiture did noork carried that the wots. It was ned for dem11,366: lates to the wnstruction prar premises sset” so as tto say that thework done in . The allocaork does not

it is essentianot sensibly haractual projecepair work. Iwarehouse-typy office block k involved is reat bulk was ining ($1.28m)n entirely new

or capital andwas their comb

s that the d done was “me Tax Actnciple Richant when conas part of ak is done as an asset, o

cter, the na

her the worrately fromed the build

k the buildine constructddition of ag. The taxes: revenu taxpayer aption of thewas deductital value oAct 1976.

e work undvaluated hoair or alter te only concxpenditure as either reJ stated thaot change t out and thork was nota single pr

molition into

work that waroject, it is t which has too come withe taxpayer cowhich case thtion of the to

t change the

al to consideave been the ts, one for str

It was a singpe structure owith a 50 yeareflected in thn new work () was the con

w structural ad

d repairs alonbined effect th

decision in C“repairs or t 1976. Hoardson J punsidering wa larger pros part of onor substantture of the

rk done on other workding to be ang would hation of new penthousepayer divide, seismic s

agreed on te expendituible being r

of the buildi

dertaken is olistically tothe asset incerned the that the Covenue and at the merehe charactee magnitudt the subjecoject that co a nine sto

as actually dhe total woro constitute in the provisuld have conf

hat limited wootal expendi character of

r the total wsubject of tworengthening thle project whtherwise destr revenue eare total expend$3.47 million)struction of twdition.

e might have hat was so sig

Colonial Mo alterationsowever, in tut forward iwhether expoject is capie overall ptially the w expenditur

the seismick done on tan earthquave been

w concrete we, and geneded the strengthenthe deductiure on seismrepairs anding in term

all part of o determinen question. expenditurommission deductiblee accountiner of the wde of the wct of two converted torey office

done. If rk involved “repairs or so. In such fined itself to rk would iture to f the work

work carried o he building hich tined for rning life. diture of ) and the wo new

added little gnificant.

otor was s” for the the n Colonial

penditure ital or reveroject to

whole of an re on the re

c the ake

walls, eral

ing bility mic d s of

one e re on er

e or ng ork ork

the

nue

epair

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189.

190.

191.

192.

193.

work is tis not loo

Colonial needed the boatrequiredto be reprelocatedused mashed. T

The ComMotor, creconstrwork doHis Honomaintenwork by indicatedbut simp

Doogue Colonial layout anot alteroverall cexisted, shed or work domaintentaxpaye

Inorewinwinwexcophcobsou

In the Cundertakto be reqHoweverreplace ochange i

Doogue any of thwork. D

taken fromoked at in

Motor is ofre-piling. Ht-shed to bed to replacepaired. Alsd to a slighaterials thathe building

mmissioner,contended truction of sne was nonour found tance of the himself and this was ply to ensu

J distinguis Motor wasnd refurbisred, and suconstruction and neithesubstantialne was extance that hr to reconsn this case thebjective. Thaepairs resulted

which the Comn the manner work was commndeed be doubwork and expextent of it at tommitted, becroblems whichowever, of tonstruction

boat-shed or hed. Here thf that decisiopgrading be

ommissionken and thoquired. Thr, they weror renew aits characte

J noted thehe work ad

Doogue J th

the characisolation.

ften compaHowever, te substanti

e a substantso, becausehtly higher t were seco

g was the sa

, relying onthat the woubstantiallyn-deductiblethat the taxe piles. Thend with friennot an endere that nec

shed Coloni transforme

shment. Inubstantial pn project toer did a prolly the whoensive, Doohad been dtruct most e taxpayer sot was what hed in other wormissioner refesubmitted formenced otherbtful whether nse that he uthe beginningcause that wah faced him athe kind refeproject resu of a project he taxpayer on, he was fcoming nece

er’s view, Sose repairse repairs w

re not unden asset, or er.

e Commissiditional to en went on

42

cter of the

ared with Shhe re-pilingially damagtial part of e of the chalevel. In caond-hand oame dimen

n Auckland ork done ony the wholee being capxpayer carre course adnds with seeavour to i

cessary mai

ial Motor oed and stre Sherlaw th

parts of the o change thoject to recole of the boogue J attreferred rat of the premught to repaire tried to do. rk being requierred me, thisr the Commissr work became the taxpayer ltimately was . It is true th

as the practicafter he had be

erred to me wulting in the c for the delib chose to repfaced with coessary. [Emp

Sherlaw higs have a flowhen lookedertaken as o substantia

ioner had nthe originan to say tha

overall proj

herlaw. Ing work causged. As a r the damaganges in thearrying out

or salvaged nsions befor

Trotting (Sn the boat-se of the boapital in naturied out notdopted (of decond-handmprove theintenance w

n the grounengthened he boat-she boat-shed he characteonstruct, reoat-shed. Wributed thather than tomises. Door the piles to t The consequired to be dons is not one ovsioner. In thise necessary. would necess involved in if

hat he undertoal way for himeen committewhere there complete recberate impropair the boatonsequentialphasis added]

ghlights a sw-on effectd at in totaone overall ally the who

not sought l re-piling aat if the Co

ject, and th

Sherlaw a sed the rooresult the taged roof thae roof, the t the repairs from the ore and afte

SC and CA) shed in Sheat-shed. Thure. Dooguthing more doing, whe

d and salvage structure was carried

nds that thewith a comed layout a remained

er of the boenew, or reWhile the st to the amo any decisiogue J statethe building. Tences of those

ne. Unlike theverall construs case once thUpon the evid

sarily have inc he had know

ook it all once m to deal with

d. This is no was one oveconstructionovement of tht-shed and, al repair work

situation wht, causing flity, might plan to recole of an as

to categoriand floor wmmissione

he repair w

boat-shedof and floor axpayer waat was una floor was rs the taxpaoriginal boar the work.

and Colonierlaw was aherefore, aue J disagre than neces

erever possged materi of the buil out to it.

e building impletely newand size weunchanged

oat-shed eplace the bscale of theount of ion by the ed at [22]:That was his e necessary e cases to ction project he essential dence it may curred all the

wn of the he was the ot a case, erall

n of the he boat-as a result k and

here repairsfurther repabe extensivconstruct, sset or to

se separatework as capr had subm

work

of as ble

ayer at-.

ial a ll the eed. ssary ible, als) ding

in w re . No

boat-

s are airs ve.

ely ital

mitted

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194.

195.

196.

that certmay havdone on reconstrwork coudependin

Both ColBay Powhave onresidentcontendebasis acc

GoddardHawkes convert Goddardoverheato replacundergroof the wexpendit

Hawkes expenditundergrothe expeundergrothe distrat 13,70

Inacreca

Ap

Aat

tain aspectve been a p the boat-s

ruct or reneuld be idenng on the e

lonial Motower. In Hawe overall obial areas wed that eaccording to

d J, basing Bay Powerthose area

d J found thd wires witce the entiround systeork involveture in que

Bay Powerture on woound cable enditure onound replacribution tra07: n the context chieved to daevenue categategory into

As Kitto J said 108:

“...the cdependstotal excannot tscaffolderected,better rorder tototal ex

And as Richardt p 11,366:

“That stthere winvolveconstitwithin taxpayedone in The allodoes no

On the fout. It w

s of the wopoint to theshed was noew, or to chtified as be

effect that t

r and Sherlwkes Bay Pbjective to ith an undech conversithe particu

her reasonr’s own acks to an und

he work donth undergrore overheadm. Goddar

ed in the tostion was c

r, relying onrk done to system int

n the replaccements wansformers

of the total te, it is artifigories, or to capital and

in FC of T v W

capital or incos upon the naxpenditure istake a portioning and, closi, attribute to teason than th

o serve a purppenditure an

dson J said in

tatutory enquiwas one overed in relationute ‘repairs the proviso.

er could have which case th

ocation of the ot change the

facts of this cawas not and co

43

orks carriede submissioot part of ohange its cheing either the work ha

rlaw were coPower the ta replace theerground syon job waslar reason

s on the donowledgemderground sne by Hawkound cablesd system inrd J conclud

otal project capital in na

n Sherlaw, replace theto capital acement of tas treated was capita

project and ticial to disse

o further diss non-capital

Western Subur

me character ture of the pus of a capitan of the work ng your eyes the cost of th

hat the same spose which, if income charg

Colonial Moto

iry relates to trall construcn to the parti or alteration In such a casconfined itselfhat limited wototal expenditcharacter of t

ase it is essenould not sens

d out were on. This sug

one overall haracter, dcapital or rad on the b

onsidered baxpayer coe overheadystem. Has simply carfor the job

ocumentaryment of its lsystem, diskes Bay Pows was done n its urban ded that gi and the moature.

had separae overhead nd non-caphe worn ouas revenuelised. On t

the extent to wect the work sect the “pur items.

rbs Cinemas L

of expenditururpose for whil nature, so done such as to the purposat portion an scaffolding, wit had existede. ”

r Co Ltd v CIR

the work thatction project,icular premisns of any sucse it begs the f to certain sp

ork would havture to differethe work that

ntial to considibly have bee

of a capitalggests thatproject to sifferent asprevenue in boat-shed.

by Goddardntended th system in wkes Bay Prried out on.

y evidence ong standinsagreed. Ower to repla with an ovresidential ven the scaoney expen

ately classif wires with pital items. ut overheade while the this point G

which it has binto capital a

rported” reve

Ltd (1952) 86

re actually incich it was incuis every part the erection ose for which it income natureould have bee

d, would have

R (1994) 16 N

was actually , it is the totses which hach asset’ so a question to specific parts ofe constituted

ent categories was done.

er the total wn the subject

l nature thet as the wosubstantialpects of thenature

d J in Hawkat it did no its urban Power n an ad hoc

before her ng policy to

On that evidace its

verall objec areas withale and degnded on it,

fied an For examd wires withexpenditur

Goddard J h

been and enue

CLR 102 at

curred urred. If a t of it; you of a t was in fact re for no en erected in made the

NZTC 11,361

done. If tal work as to as to come

say that the f the work alterations. of work

work carried of two

ere rk ly

e

kes ot

c

and o dence

ctive h an gree the

ple h re on eld

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197.

198.

199.

200.

201.

Tsoaisthrein

Hawkes project ocharactework forbecausesame ob

Goddardall expenoverheaexpenditGoddardits own f

Goddardproject isystem bservicedHer Hon

Apyesetho1inumu

This suggroup ofthose asrepair w

Case X2incurredMotor, aa buildinthe genedecision

Inbbea

indepenbuildingwhich codestinedrevenue

he case of Shought to rely nd non-capitassues of both here was noteconstructiondicate that

Bay Powerof capital wer of that ovrming part work done

bjective from

d J in Hawknditure on d lines as bture was nod J found thfacts as to

d J noted thn terms of but rather by a distriour observ

Alternatively, eroject’ but in ear basis in reerviced by a dhose jobs werld Board in 19987. On this

ndividual convnderground w

motivated Hawnderground in

ggests that f assets, thssets is take

work is not l

6 considere as part of

and Judge Bng were caperal capital/, and foundn Colonial Motusiness point uilding with aarning capacit

ndent unrelate and the otheonverted the d for demolitioe earning life.

erlaw v CIR (as authority f

al items falls inscale and degt one overall

on or that the it was of a c

r makes it cwork, then tverall projeof that proje in every pm both a p

kes Bay Powrepairing obeing revenot part of thhat the natuthe extent

hat even if t the converin terms ofbution traned at 13,70

even if the "finterms of the iespect of indivdistribution trae undertaken 969 and contin basis all haveversion projectwould constituwkes Bay Powenstallation.

where there nature ofen from theooked at in

ed the dedu one overalBarber founpital costs. /revenue pd at [39] thtor Co Ltd v C of view, the t potentially vety into a soun

44

ed contractualer for new andeight storey won into a nine ”

1994) 16 NZTfor separate cnto a differentgree. On the fl constructioe expenditurcapital natur

clear that wthat work wect. In sucject into capart of thatractical and

wer also obor replacingnue in natuhe overall pure of this e and scale o

the overall rsion of thef the individnsformer, h00: nal objective" individual convidual streets ansformer, th pursuant to tnued by Hawke resulted in tt completed ate a new asseer to effect ea

re is one ovf the expene charactern isolation.

uctibility ofll project. nd that cost In reachin

principles, tohat: C of IR, as in ttotal work undery limited or,

nd building cap

projects, oned repair work. warehouse-typ storey office

TC 11,290 on lassification ot category to facts in Sheron project rere was so dise. [Emphasis

where work will take its h a case, it

apital or rev project is d business

served that existing ovre. Goddaplan to put expenditureof the work

plan was ne entire urbdual converher finding w

were not to bversion jobs u containing grat would not athe one "firm kes Bay Powerhe creation of

and each indivet, whatever tach conversion

verall capitanditure on ar of that on

f earthquakIt followed ts incurred ng that decogether wit

he present cadertaken was , possibly, nonpable of being

e for strengthe It was a singpe structure o block with a 5

which Hawkesf expenditure the present carlaw Dooguesulting in a c

sproportionas added]

forms part character ft is artificiavenue categcalculated tpoint of vie

t the taxpaverhead linrd J accept in undergre had to bek done.

not viewed ban residentrsion of indwould not h

be viewed as aundertaken onroups of consualter the pictupolicy" institur after incorpof a new asset.vidual distributhe particular n project and

al project inany repair we overall pr

ke-strength the decisio to earthquision Judgeth the Colo

se, from a prato transform an-existent revg used to earn

ening the le project

otherwise 50 year

s Bay Power into capital ase on the

e J found complete

ate as to

t of one ovefrom the l to dissectgories. Thito achieve ew.

ayer had trenes with newted that thisround cablee determine

as a total tial distribuividual strehave chang

a ‘total n a year by umers ure. All of uted by the oration in . Each tor installed reason that each

nvolving a work done roject, and

ening costson in Colonuake-strenge Barber aponial Motor

actical and an unsound

venue-n income.

erall

t the is is the

eated w s es. ed on

ution eets ged.

on the

s ial

gthen pplied

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202.

203.

204.

205.

206.

207.

Judge Badone as to issuesdistingui

Judge Baextensiv[43]:

OinweaWcoinco[E

In the Coverall p

Howevermay be taxpayeoverall pthat projConsequor substexpendit

To deternecessaview. Foexpenditdone is acan be idwork forto reconasset or appropriits naturCase X2

In the Cacknowlcosts ansituationBlancharalternatirecognisdeductio15,008:

Inptonth

arber found a conseques arising whished the d

arber notedve than that

Of course, in thn Colonial Motwork undertakearthquake cod

While the workompliant, it enncome-earningoncept of capEmphasis in o

ommissionproject shou

r, the Comappropriater may do wproject. If ject the na

uently, if thantially theture on tha

rmine if appry to considor exampleture betweea repair, budentified (Srms part of struct, rep to change iate and allre from the6).

ourt of Appedged thatd non-dedu

ns, but thatrd J made tive submissse the impron for the b n particular sitossible and apo work which ature has beehis is not such

d at [43] thence of a shen undertdecision in S

d that, whilt done in C

he present castor Co Ltd v CIen to improvede compliant ak in this case wnsured the cog structure of ital. The procriginal]

er’s view, euld take its

missioner ae. For exam

work on an it can be deture of the at work do

e whole of aat work is li

portionmender the wore, in the Coen capital aut at the saSherlaw). I one overallace or rene the asset’s the expen overall pro

peal’s decis an apportiuctible capit apportionmthis acknowsion that haovements i

balance of t

tuations an apppropriate — is truly a repa

en done. It is h a case.

45

hat the eartsingle plan, aking otheSherlaw.

le the workColonial Mot

se the work uCIR, but the sae the building’and thus avoiwas to make tntinued availa

f the taxpayercess of earnin

expenditures character

agrees thatmple, as wasset whileemonstrate work must

oes not recoan asset orkely to be

nt is approprk done frommissioneand revenuame time soIn contrastll project, wew the asss characterditure incuoject (Colon

sion in Poveionment of ital costs isment was nwledgemenaving capitin the workthe expend

pportionment where a part air and at the often possibl

thquake-st rather thar work. On

k done in Cator, it was o

ndertaken waame result mu’s earning-capding the sterithe building eability of the a’s partnershipg income is re

e on repairs from that p

t in some sias the casee at the samed that the t be determonstruct, rer change itsrevenue in

priate in anm a practicr’s view, ape will be apome upgrad, where repwhere the oet or subst, then apporred as parnial Motor,

erty Bay Ele costs betws possible anot approprt in responalised a po

k done it waiture. Blan

of an amountof the money same time soe to distinguis

rengtheningn as an ad n this basis,

ase X26 waof the same

as not as exteust follow. Thepacity by makilisation of thearthquake-codasset as part op. That structevenue in con

s forming pproject.

ituations ape in Hawkesme time un work done

mined on itsenew or reps character nature and

y particularcal and buspportionmeppropriate wding of a capairs and mobjective ofantially theortionment rt of that pr Hawkes Ba

ectric Blancween deducnd approprriate in evese to the tartion of theas then entchard J com

t of expenditu spent has be

ome upgradingsh which is wh

g work was hoc respon, he

as less e character

nsive as that ere was ing it

e asset. de of the ture is a cept.

part of one

pportionmes Bay Powedertaking a

e is not parts own factsplace an ass the d deductible

r situation,siness pointent of where the apital natur

maintenancef that projee whole of t will not beroject will tay Power a

chard J alsoctible repairriate in somery case. axpayer’s e expenditutitled to clammented a

ure is een applied g of a capital hich. But

s nse

r. At

ent er, a an t of s. set

e.

it is t of

work re e

ect is the e take nd

o r me

ure to im a

at

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208.

Wha

209.

210.

211.

Is a dilap

212.

213.

BlancharCinema,created,Honour cbasis tha

t are notion

Where ccan be cwork be

As statediscusse15,008:

InsatroNthanS

T(1

Wpcap[E

Where adeductiorepairs.

deduction apidated asse

Where easset hathe capit

Law Shiprecently a ship inwhile in to the vadeductibdecision

rd J, relying found on t no repair wconcluded tat none of t

nal repairs?

capital expeclaimed for en carried

d above Blaed the decis n Auckland Traid that no parack was, in f it as notion

North P and Tuhe reasons of nd Gas Co (19

Suburbs Cinem

... whenexpendiother inand for his incoway. Seincurrednot.

o similar effec1994) 16 NZT

We agree thapayment whicannot be a d

part of it migEmphasis add

a taxpayer con cannot b A taxpaye

available foet?

expenditureas been acqtal cost of a

pping addre acquired a

n a poor sta the poor stalue of £51ble but was was follow

g on Aucklathe facts ofwork had inthat the taxthe work d

?

enditure is i an amountout differen

anchard J msion of the

rotting Club (Inart of the mo fact, spent onally spent ourner J expres Finlay J in Ma935) 19 TC 48

mas Ltd (1952

n a taxpayer hture which wivolving an exhis own reasome tax assessection 53 is cod, not with exp

ct is the judgmTC 11,361.

at it is not poch has not a

dissection of ht otherwiseed]

could have be claimed fer cannot de

or expendit

e is incurredquired, thatacquiring th

essed the sasset. Law ate of repaitate of repa

1,558. The part of the

wed in Colle

46

and Trottingf the case tn fact beenxpayer wasone by the

incurred tht that mighntly.

made this cCourt of Ap

Inc) v C of IR oney spent oon repairs anon repairs whssed their agreargrett (HM In81 at pp 488–) 86 CLR 102

has two courseill be an allowxpenditure whons he choosesed as if he haoncerned withpenditure whi

ment of this C

ossible to clactually been what is spee have been

done the wfor a notioneduct expe

ture incurre

d on repairst expendituhe asset.

special situa Shipping cr for £97,0air for one court helde capital coector of Inla

g (CA) andthat, as a nn carried ous not entitle taxpayer c

e courts haht have bee

clear in Povppeal in Au

[1968] NZLR on constructind it was nothen that is neement (p 977nspector of Ta–489 and of Ki at pp 107–10

es open to himable deductioich will not be

es the second ad exercised hh expenditure ich could have

Court in Coloni

aim as expenn expended fnt upon a ca laid out on r

work differenal amountnditure for

ed to repair

s and mainre is likely

ation of dedconcerned a000. The covoyage and that the co

ost of acquiand Revenu

Western Sew asset h

ut by the taed to a dedconsisted of

ave held than spent on

verty Bay Elckland Trot

967 at p 980 ing the new t possible toot what hap7). The Courtxes) v Lowestitto J in FC of 09. At p 107 K

m, one involvin for income t

e an allowable course, he cahis choice in t which was in e been incurre

ial Motor Co L

nditure on a ror that purp

apital work brepairs, but w

ently but cht of expend work they

r a newly ac

tenance soto be cons

ductions foa company ompany used then carrost of the rring the shue, Cook Isl

Suburbs had been xpayer. H

duction on tf repairs.

at no dedu repairs ha

Electric whetting. At

Richmond J trotting

o treat part ppened. t adopted toft Water

f T v Western Kitto J said:

ing an tax and the

e deduction, annot have the opposite fact ed but was

Ltd v C of IR

repair a pose. There because was not.

hose not toiture on have not d

cquired but

oon after anidered part

or repairs to that purched the vess

ried out reprepairs wasip. That lands v AB

is the

ction d the

re he

, a

done.

t

n t of

o a ased sel pairs not

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214.

215.

216.

217.

Donald Lrepairs t

The courCommonW Thombe done use in thbuilding the buildacquisiti

WindeyeEreMwrewitoa

It is welacquiredintendedcost of t

The limitAssociatdeferreddeductibdown monumber years. S296:

TS

(1thbo

Inafacac

(2tiataac

(3pchhwdw

Ltd [1965] to a recentl

rt in W Thonwealth of A

mas the taxp to it, somehe company to make itding ready on cost of

er J observexpenditure upepairs are for

Maintenance inwear and tear epair defects a

when a thing t is not in gof putting it icquisition, n

l settled byd asset so td by a taxpthat asset.

ts of the prted Theatred repairs to ble. In thatovie theatr of years. TSalmon LJ d

here seem to Shipping] and

1) In the Law he purchase peen in a fit stapportunity. …

n the present ffected by thecquisition. Thecquisition sinc

2) In the Law me of purchat the date of ilthough no mocquisition.

3) In the Law rinciples of soharged by theowever, the c

with the establisputed items

with any statut

NZLR 679 ly acquired

omas & Co P Australia (1payer compe of which wy’s busines suitable foto be used that asset,

ed at 72: pon repairs is the maintenanvolves the pein operation. arising from t is bought food order andn order suita

not a cost of

y the courtsthat it is in ayer is a ca

rinciple in Les. The Eng a movie tht case the tre in 1945. The taxpaydistinguishe

me to be manthe present ca

Shipping Co. price was subsate of repair … .

case, the pure fact that thee sellers couldce no licence t

Shipping casese…. In the prts acquisition oney was spe

Shipping caseound commerce taxpayer as commissionersished principl to revenue ete.

47

(SC), whic ship.

Pty Ltd v C1965) 115 pany acquirwas necesss. Windeye

or use were by the tax so was a c

properly attriance of an incoeriodic repair o It is an expehe operations

or use as a cad suitable foable for use its maintena

s that expe good orderapital cost

Law Shippinglish Court heatre acqutaxpayer ac The theatyer repaireded Law Ship

ny important ase.

Ltd. v. Inlandstantially less … and that the

rchase price pe cinema was d not lawfully to execute su

e the vessel wresent case, t in spite of itsnt on deferred

e there was ncial accountingrevenue expes held, on ames of sound cxpenditure, a

h also addr

Commission CLR 58 endred a buildisary to maker J held th

e not deducxpayer comcapital cost

buted to reveome-producinof defects thanse of a reven

s of the personapital asset

or use in the is part of theance. [Empha

nditure incr and suitaband forms

ng are dem of Appeal fuired in a dcquired a fure had not d the theatripping on th

distinctions b

d Revenue Com than it would ey made good

aid by the taxin disrepair at have executech work was t

was not in a stthe cinema was state of disred repairs for a

o evidence thg the £39,558enditure. …. Inple evidence, ommercial acnd these princ

ressed the d

er of Taxatdorsed AB Dng that reqke the buildhat the repactible. The pany forme.

nue account wg capital asset are the resunue nature whn who incurs iin the buyerway intendee cost of its asis added]

urred to reble for use part of the

onstrated ifound that ilapidated cully operatiobeen repaire graduallyhe following

etween that c

mmissioners, have been had this defect a

xpayers was int the date of ited the repairs then obtainab

tate to pass suas a profit-earepair. It remaa number of y

at on establis8 could propern the present that it was incounting to chciples in no w

deductibilit

tion of the Donald Ltdquired workding suitablairs done to cost of geted part of t

when the et. ult of normal hen it is to it. But if r's business ed, the cost

pair a new in the way acquisition

in Odeon expenditurcondition wonal but rured for a y over seveg grounds a

case [Law

12 T.C. 621 ad the vessel at the first

n no way ts prior to the

ble.

urvey at the rning asset ained so, years after its

shed rly be case, n accordance harge the

way conflict

ty of

d. In k to le for o the tting the

ly n

re on was un

en at

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218.

Doessigni

219.

220.

221.

222.

223.

224.

Even thostate, thpurchaseaccount similar ctheatre w

s the natureificant even

The Comchange isuch as considerexpenditexpenditbe dedubecausethat the caused t

This is dextensivbuilding taxpayelessees a

The fire pizza pathe shopreplacedplastereand substhe buildthe iron flats wer

The buildrepairs twas befowhich haThe dowimproverepairs tdisallowe

Judge Bawork ratundertakthe replaasset thaaccept tbasic buconcludebuilding

The Fedeof repairR 2001 F

ough the exhe expendite price paid of the condcondition duwas immed

e of the expnt?

mmissioner if the damaan earthqu

red in this sture incurreture. If thectible; if it the deduc work has othe damage

demonstratevely damag as two shors leased thas resident

significantlrlour also s

ps back intod, while in td. Both shstantial pluding was gu roofing desre left gutte

der who unthe overall ore the firead recently

wnstairs shoment. Thethat the insed the ded

arber identther than thken was soacement, reat went beyhe buildingilding struced that as t but to rebu

eral Court ors and mainFCA 160, [2

xpenditure ture was stid by the taxdition of thue to restridiately prof

penditure c

considers tage to be reuake, a fire statement ned on repaie repair wois on capitatibility of thon the assee to the ass

ed in Case ed by fire. ops (a pizzahe upstairs tial flats.

ly damagedsuffered coo working cthe pizza paops were rmbing repautted. The stroyed by ed.

ndertook thstructure w. This was been refur

ops were ree taxpayerssurance payuction on t

tified the buhe individua extensive econstructiyond the no was not to

cture remaithe expenduild it, it wa

of Appeal ontenance ex2001] 3 CT

48

was to repill found to xpayer hade theatre, actions impofitable, desp

change if da

that the naepaired occ or a stormneed to be irs and mai

ork is on reval account,he repair coet, rather thset.

F67 where The taxpaa parlour an part of the

d the wall linsiderable condition tharlour someredecoratedairs were u roof struct fire were a

he work stawas probabs mainly berbished befestored to ts claimed a yment did nhe basis it

uilding as tal shops. H in relation on or renewormal concotally destrined intact iture by thas capital a

of Canada hxpenditure

TC 109). In

pair an asse be deducti

d not been das all theatosed by thepite its run

amage is re

ature of thecurs as a re

m. Consequ addressed intenance ivenue acco it will not osts is detehan when t

the taxpayayers leasednd a knick-e building t

inings of thwater and

he lining of e of the lind. The elecndertaken.ture was realso replace

ted that at ly in a far wcause the ufore the firetheir pre-fir deduction not cover. was capita

he asset thHe found th to the builwal of a sucept of reparoyed and a after the fie taxpayersand not ded

has also con after a sign Bowland t

et acquired ible. Signifdiscounted tres at that e war. Furt-down cond

epaired as a

expendituesult of a siuently, the s to determis capital orunt, the exbe deductib

ermined mothe work wa

yers’ buildind the lower-knack shopo the respe

he knick-knsmoke dam the knick-king was clectrical wirin The upstaplaced and

ed. Howeve

the concluworse condupstairs flate, had beenre conditionfor the por The Comml expenditu

hat was the he building ding that itbstantial paair. Judge Ba major porre. Howevs was not tductible.

nsidered thnificant evethe taxpaye

in a dilapidficantly, the to take t time werether, the dition.

a result of

re does notgnificant evsame issueine whether revenue xpenditure ble. This isore by the eas done or

ng was r floor of thp). The ective shop

ack shop. mage. To bknack shopeaned and rg was replaairs portiond the parts er, the ups

sion of thedition than ts, the largn left guttedn with no rtion of the missioner ure.

e subject of work t amountedart of a capBarber did rtion of thever, he to repair th

he deductibent (Bowlaner’s rental

dated e

in a

a

t vent es as r any

will s effect what

e

p

The bring p was re-aced n of of tairs

it

ger of d.

the

d to pital

e

ility nd v

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225.

226.

Sign

227.

228.

229.

property$80,000that afteconcludevirtually concludenature.

In both the workdeterminmaking what cau

In the Ccaused breconstrwhole ofwill be cbe done comes acosts, wquestion

ificant even

As founddeterminhas on tnot in itsdeductib

The Can2010 DTout. In damagedlifted theway. Dacaused mrushed usidewallsno longeand damhouse’s than thisundertak

The taxprelated tfoundatithem wijoists analso repplumbinwas replpatched,reused iclad the

y was dama0 of which $er the fire hed the reno rebuilt anded the cost

Case F67 ak undertakening whethits decisionused the da

ommissionby a significruction, repf the asset,apital in na to an asse

about as a chile extens

n of fact an

nts and dila

d in Case F6ned by the the asset. Tself changeble.

adian Tax CTC 1300. IOctober 20d the propee house offampness ovmuch of theunderneaths sitting in er used. Thmage. Eighwindows as, and painken other w

payer paid to the floorons. The wth more ce

nd, where nlaced. Oncg and electlaced. The, and half tn the gable bottom of

aged by fire$5,000 washe spent $6ovations wed resulted i of the wor

and Bowlanen and the er the expe

n neither coamage to th

er’s view, wcant event,

placement o, or the chaature. Howet as a resuconsequencsive, may bd degree.

apidated as

67 and Bow nature andThe deferrae the charac

Court demon Martinello004 a substerty, makinf its foundaver the yeae rest of th the house mud. The he propertyt years befnd doors anting and cle

work on the

to have the that was dwork includment, rem

necessary, nce the houstrical supply fallen chimthe roof wae ends of th the house.

49

e. Before ts attributab66,472 on rere so extenn a new ca

rk was not d

d the court effect thatenditure waourt focusedhe asset.

where the w, and the wor renewal aracter of thwever, wherult of a signce of the nebe deductib

ssets

wland, the dd scale of thal of repairscter of whe

onstrated to the taxpatantial hurrng it uninhation causin

ars had weae floor to f

e leaving m storm alsoy had also sfore the stond updatedeaning betwe house.

e house repdamaged wed straightoving silt anew floor bse was backy had to be

mney was rs re-shingl

he house an. The insid

the fire the le to the larepairing thnsive in natapital assetdeductible

ts looked att work had as on capitad on when

work done work done rof the assehe asset is re some neificant evenecessary rele (Sherlaw

deductibilithe work uns, before a ether expen

this in Martiayer ownedricane-strenabitable for g the main

akened the all in. In auch of the

o blew downsuffered soorm, the taxd the plumbween tenan

paired. Muwhen the hotening the fand debris, boards. Thek on its foue reconnectremoved, thed. The olnd a new ve of the ho

building wand. The ta

he propertyture that th. Consequebecause it

t the natureon the asseal or reventhe work w

is to repairesults in th

et, or substa changed, tcessary repnt and furthepairs, thenw). This wil

y of repair dertaken a significant nditure on r

inello v R 2 a house th

ngth storm a time. Th wooden be sills and joddition, thefloor and pn an old chme tenant xpayer hadbing and wints, the tax

ch of the eouse was liffootings anand puttinge footing ofndations thted. The hohe roof andd aluminiuminyl siding use was re

as valued aaxpayer clay. The courhe house wently, the c was capita

e and scaleet when ue account

was done or

r damage he antially thethe expendpair work mher repair wn the repairll always be

costs is and the effe event, shorepairs is

2010 TCC 4hat she ren significanthe winds haeam to givoists, whiche storm wa

parts of the imney that wear and td replaced tiring. Othexpayer had

expenditurefted up off nd reinforcing in new sif the walls he existing ouse’s wirin

d walls werem siding wwas used t

epainted wh

at imed rt

was court l in

e of

t. In r

e iture

must work r e a

ect it ould

432, nted ly ad e h aters t was tear the er not

e its ng lls, was ng e as to here

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230.

231.

Key main

232.

needed. footwea

The houthat all tnormal wdamage beyond repairs adeductib

The Comwhile thewas largwear anThereforrequiredrepairs tImplicit the taxpsubstant

points relntenance

The Comto other

Thexcomcap

Ththeon

Threlna

Whrecwhpronapa

RerecassproonCIR

Whbaits (Sh

A small, ar) at the ba

se was repthe damagewear or tea while it waits original and mainteble as curre

mmissioner e work the

gely as a red tear, andre, while thd repairing, that had acin this is th

payer did notially the w

lating to ocases

mmissioner considerat

e timing ofpenditure impleted aspital expen

e deductibie work carr when the

e speed or evant to deture (Auckl

here deferrconstructiohole of the oject that isture. This rticular circ

epairs and mconstruct, rset or to choject. This a single asR (CA), Ha

here repairssis and not character herlaw).

attached woack entranc

aired to itse that had ar, depreciaas rented o condition inance, alth

ent expense

considers t taxpayer usult of defe

d depreciatie significan the nature

ccumulated hat the couot reconstruhole of the

other cons

takes the ftions from t

f repairs is ncurred is

s and when diture (Oun

ility of reparied out andwork is car

slowness weciding wheland Gas (P

ed repairs n, replacemasset or whs capital in will alwayscumstances

maintenancreplace or rhange that is regardlesset or worwkes Bay P

s and maint as part of from the ef

50

ooden mudce and mod

s original reoccurred w

ation over tout. The ren any man

hough all does and were

that the coundertook werred repairon (eg, thent event (the of the wor over the prt in Martinuct, replace

e house or,

siderations

following kethe repairs

not a criticdeductible required wnsworth).

air costs is d the effectrried out (R

with which ether the ePC)).

become soment or renhere deferr nature thes be a quess (Auckland

ce work tharenew an aasset’s cha

ess of whetrk on a grouPower, Case

ntenance ex one overaffect that th

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Example 18 – repair to building that led to more repairs (repair; no overall project of substantial reconstruction, replacement or renewal or change in character)

As a result of ground subsidence, Northern Roasters Limited set about repairing the uneven floor of the small factory premises that it owns. This involved minor foundation work. As a result of the foundation work, several windows and walls cracked. These had to be repaired, and the walls then had to be re-plastered and painted. Although the work done to the factory was costly, the repairs were completed on an ad hoc basis. The work done was not done as part of one overall plan to reconstruct, replace or renew the premises, or substantially the whole of the premises, or to change the character of the premises. Further, the actual scale and nature of the work done did not have this effect. Therefore, the repair costs are revenue in nature.

Example 19 – double glazing (one overall project to change character with no apportionment available)

Erica has a restaurant in an old villa that she owns. The villa is used exclusively for the restaurant. The villa is located near a very busy thoroughfare. To keep noise levels down inside the restaurant Erica has decided to install double glazing. While installing the double glazing the builder discovers that two window frames on the south side of the villa are rotten. The windows are repaired to enable the installation of the double glazing. Erica’s objective in this case was to install double glazing in her villa. The work done has changed the character of the villa. The work done to repair the windows formed part of Erica’s objective to double glaze the villa and therefore is part of one overall project to change its character. Consequently, all the expenditure incurred by Erica is capital in nature.

Example 20 – house painting and extension (one overall project to change character along with maintenance work where apportionment is available)

George owns a rental property. George decides that by adding on two new bedrooms and another bathroom to the property he will be able to get a much higher rental. George employs a builder to build the new extension. George also thinks the property is looking tired and needs a new coat of paint so he employs a painter to paint the property. The painter also paints the new extension. George’s objective in this case was to add on the two bedroom extension. The work done to extend the house changed the character of the property and so is of a capital nature. The painting of the new extension is part of George’s project to change the character of his rental property and is also capital in nature. However, George can establish from a practical and business point of view that re-painting the remainder of the house was not part of his project to change the character of his property. Re-painting the remainder of the house is maintenance work. Therefore, George can treat the portion of the painting expenditure that relates to painting the house but not the extension as being revenue in nature.

Example 21 – newly acquired but damaged rental property (part of capital cost)

Anne and Jane bought a property at a discounted rate because of earthquake damage. The roof of the property has partially collapsed and a corner of the house has been damaged. Anne and Jane want to rent the property out, so spend money fixing the roof and the damaged part of the house to put it in a tenantable state. The expenditure on the repairs is capital in nature. Anne and Jane’s costs in getting the property to a tenantable state are treated as part of the property’s acquisition cost.

Example 22 – damaged and dilapidated commercial building (repairs; not substantial reconstruction, replacement or renewal or change in character)

David and Angus own a commercial building that was superficially damaged in an earthquake. David and Angus have owned the property for a long time. When David and Angus purchased the property it was in excellent condition. Over time it has become dilapidated, so when the earthquake occurred the poor state of the roof led

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to more repairs then being necessary. The tenants are unhappy and request that the building be fixed. David and Angus spend money on the building: inside the building the interior walls are re-plastered and repainted and the stairwells are repaired; outside the building the roof is repaired, cracked and broken windows are replaced, and the exterior walls are repainted. The work done brings the building back to the standard it was when David and Angus bought it. The work done does not reconstruct, replace or renew the building or substantially the whole of the building. The work also does not change the building’s character. The expenditure undertaken by David and Angus is for accumulated repairs and is revenue in nature.

Example 23 –reconstruction of damaged rental property (substantial reconstruction, replacement and renewal)

Jennifer and Peter own a residential rental property that was significantly damaged in an earthquake. Before the earthquake the property was in a good state of repair. After the earthquake, to get the property in a tenantable state, Jennifer and Peter replace the property’s severely damaged foundations, reconstruct the floors, rebuild three of the property’s collapsed external walls and replace the badly damaged roof. Jennifer and Peter also demolish the property’s partially collapsed chimney, which is a hazard. In this case, the cost of the work Jennifer and Peter have done is capital expenditure and not deductible. Where work is so extensive that it results in the reconstruction, replacement or renewal of the asset, or substantially the whole of the asset, the cost of that work will be capital expenditure.

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References

Subject references Capital/revenue Deductions Income tax Repairs and maintenance Legislative references Income Tax Act 2007, ss DA 1 and DA 2 Income Tax Act 1976, s 108 Related rulings/statements IS0025 “Dairy Farming – Deductibility of certain expenditure” Tax Information Bulletin Vol 12, No 2 (February 2000) IS10/01 “Residential rental properties – Depreciation of items of depreciable property” Tax Information Bulletin Vol 22, No 4 (May 2010) Case references Auckland Gas Co Ltd v CIR (1997) 18 NZTC

13,408 (HC); (1999) 19 NZTC 15,011 (CA); (2000) 19 NZTC 15,702 (PC)

Auckland Trotting Club (Inc) v CIR [1968] NZLR 193 (SC); [1968] NZLR 967 (CA)

Bowland v R 2001 FCA 160, [2001] 3 CTC 109 CA

BP Australia Ltd v FCT [1966] AC 224 (PC) Buckley & Young Ltd v CIR (1978) 3 NZTC

61,271 (CA) Case F67 (1983) 6 NZTC 59,897 Case F78 (1984) 6 NZTC 59,951 Case J92 (1987) 9 NZTC 1,518 Case L68 (1989) 11 NZTC 1,398 Case N8 (1991) 13 NZTC 3,052 Case X26 (2006) 22 NZTC 12,315 Christchurch Press Co Ltd v CIR (1993) 15

NZTC 10,206 (HC) CIR v Auckland Gas Co Ltd [1999] 2 NZLR 418

(CA) CIR v Banks (1978) 3 NZTC 61,236 (CA) CIR v Fullers Bay of Islands Ltd (2004) 21 NZTC

18,834 (HC) CIR v LD Nathan and Co Ltd [1972] NZLR 209

(CA)

CIR v McKenzies New Zealand Ltd (1988) 10

NZTC 5,233 (CA) Collector of Inland Revenue, Cook Islands v AB

Donald Ltd [1965] NZLR 679 (SC) Colonial Motor Co Ltd v CIR (1994) 16 NZTC

11,361 (CA) Conn (HM Inspector of Taxes) v Robins Bros Ltd

(1966) 43 TC 266 (Ch) Cox v CIR (1992) 14 NZTC 9,164 (HC) FCT v Western Suburbs Cinemas Ltd (1952) 86

CLR 102 Hawkes Bay Power Distribution Ltd v CIR

(1998) 18 NZTC 13,685 (HC) Highland Railway Co v Balderston (Surveyor of

Taxes) (1889) 2 TC 485 (IH (1 Div)) Law Shipping Co Ltd v IR Commrs [1924] 12 TC

621 (IH (1 Div)) Lindsay v FCT (1961) 106 CLR 377 (HCA);

(1961) 106 CLR 392 (Full Ct HCA) Lurcott v Wakely and Wheeler [1911] 1 KB 905 Margrett (HM Inspector of Taxes) v Lowestoft

Water and Gas Co (1935) 19 TC 481 (KB) Martinello v R 2010 TCC 432, 2010 DTC 1300 Milburn NZ Ltd v CIR (2001) 20 NZTC 17,017

(HC) Odeon Associated Theatres Ltd v Jones [1973]

Ch 288 (CA) O'Grady (HM Inspector of Taxes) v Bullcroft

Main Collieries Ltd (1932) 17 TC 93 (KB) Ounsworth (Surveyor of Taxes) v Vickers Ltd

[1915] 3 KB 267 Poverty Bay Electric Power Board v CIR (1998)

18 NZTC 13,779 (HC); [1999] 19 NZTC 15,001 (CA)

Rhodesia Railways Ltd v Collector of Income Tax, Bechuanaland Protectorate [1933] AC 368 (PC)

Thornton Estates Limited v CIR (1995) 17 NZTC 12,230 (HC)

Samuel Jones & Co (Devondale) Ltd v CIR (1951) 32 TC 513 (IH (1 Div))

Sherlaw v CIR (1994) 16 NZTC 11,290 (HC) Vallambrosa Rubber Co Ltd v Farmer (Surveyor

of Taxes) (1910) 5 TC 529 W Thomas & Co Pty Ltd v Commissioner of

Taxation of the Commonwealth of Australia [1965] 115 CLR 58

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Appendix: Legislation

Income Tax Act 2007

1. Section DA 1(1) and (2) provides: DA 1 General permission

Nexus with income

(1) A person is allowed a deduction for an amount of expenditure or loss, including an amount of depreciation loss, to the extent to which the expenditure or loss is—

(a) incurred by them in deriving—

(i) their assessable income; or

(ii) their excluded income; or

(iii) a combination of their assessable income and excluded income; or

(b) incurred by them in the course of carrying on a business for the purpose of deriving—

(i) their assessable income; or

(ii) their excluded income; or

(iii) a combination of their assessable income and excluded income.

General permission

(2) Subsection (1) is called the general permission.

2. Section DA 2(1) provides: DA 2 General limitations

Capital limitation

(1) A person is denied a deduction for an amount of expenditure or loss to the extent to which it is of a capital nature. This rule is called the capital limitation.