The Taxation Implications of Repairs, Alterations and Maintenance

Prebble KC, John

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The Taxation Implications of Repairs, Alterations and Maintenance

Recent Law, Vol. 9, pp. 248-260, 1983

7 Pages Posted: 20 Mar 2010

See all articles by John Prebble KC

John Prebble KC

Victoria University of Wellington, Te Herenga Waka - Faculty of Law; Institut für Österreichisches und Internationales Steuerrecht, Wirtschaftsuniversität Wien; University of Notre Dame Australia - School of Law

Date Written: 1983

Abstract

A consideration of section 108 of the Income Tax Act 1976 and the manner in which it deals with repairs and alterations. The article also examines the issue of maintenance, which is not mentioned in the section except for its inclusion in an erroneous title. In Auckland Trotting Club v CIR [1968] NZLR 193 the second proviso of section 108 was interpreted as creating an independent head of deductibility. The second proviso, by implication, is not therefore subject to section 104, which allows expenditure incurred in the production of assessable income to be deducted from the total income.

Keywords: Income Tax Act 1976, Repair, Maintenance, Alterations, Deductions

JEL Classification: K34

Suggested Citation: Suggested Citation

Prebble KC, John, The Taxation Implications of Repairs, Alterations and Maintenance (1983). Recent Law, Vol. 9, pp. 248-260, 1983, Available at SSRN: https://ssrn.com/abstract=1570793