ITA 2007, Part C-Income, Subpart CH-Adjustments is matching rules for revenue account property, prepayments, and deferred payments.1
ITA 2007, Part E-Timing and Quantifying Rules, Subpart EA is matching rules for revenue account property, prepayments, and deferred payments.2
Section CH 2-Adjustment for prepayments references Section EA 3(Prepayments).
Section EA 3-Prepayments Subsection 3, Unexpired Portion references Section CH2.
What legislation is saying is that the unexpired portion of a prepayment is income in the current year and a deduction is allowed in the following year only.
However, TAA 1994, Section 91AAC, Exemptions from section EA 3 of Income Tax Act 2007, the Commissioner may determine whether and the extent to which a prepayment can be treated as a deductible in the current income year, having regard to the nature and kind of expenditure, nature, and size of the activity, the costs to the person, and the materiality of the difference.3
Determination E12, Persons excused from complying with section EA 3 of the Income Tax Act 2007 is such a determination made under TAA 1994, provides criteria in which a person is excused from complying with Section EA 3 of ITA 2007, meaning, does not need to treat prepayment as an income, and therefore fully able to deduct them in the current income year.4
The list has a description of expenditure, the maximum total amount of unexpired portions, and the period between balance and expiry dates.
Examples of deductible prepayments from Det E12
- Insurance Premium expenditure that does not exceed $12,000 and expires within 12 months from the balance date.
- Local government rates - of an unlimited amount