Treasury Laws Amendment (Support for Small Business and Charities and Other Measures) Bill 2023

The majority voted in favour of a motion:

That the amendments be disagreed to.

In other words, they voted against accepting the amendments agreed to in the Senate, which would have extended provisions to medium business entities and lifted the annual threshold of assets that can be instantly written off under the bill from $20,000 to $30,000.

Amendment text

(1) Schedule 1, heading, page 4 (line 1), omit “ $20,000 ”, substitute “ $30,000 ”.

(2) Schedule 1, heading, page 4 (line 2), omit “ small business entities ”, substitute “ small and medium business entities ”.

(3) Schedule 1, page 4 (after line 9), after item 2, insert:

2A After subsection 328-180(3)

Insert:

Extension to medium business entities

(3A) If you are an entity covered by subsection (3B) for an income year, then for the purposes of doing any of the following:

(a) deducting under subsection 328-180(1) of the Income Tax Assessment Act 1997 a proportion of the adjustable value of a depreciating asset for an income year in circumstances where paragraph (4)(d) of this section applies to you and the asset;

(b) deducting under subsection 328-180(2) of that Act a proportion of an amount included in the second element of the cost for an asset in circumstances where paragraph (5)(e) of this section applies to you and the amount;

(c) applying subsection 328-180(3) of that Act to you and an asset in circumstances where:

(i) paragraph (5)(e) of this section applies to you and an amount included in the second element of the asset’s cost; and

(ii) paragraph (6)(e) of this section applies to you for a deduction for the asset for an income year;

Subdivision 328-D of the Income Tax Assessment Act 1997 applies to you for an income year and the asset as if you were a small business entity for the income year.

(3B) An entity is covered by this subsection for an income year if:

(a) the entity is not a small business entity for the income year; and

(b) the entity would be a small business entity for the income year if:

(i) each reference in Subdivision 328-C of the Income Tax Assessment Act 1997 (about what is a small business entity) to $10 million were instead a reference to $50 million; and

(ii) the reference in paragraph 328-110(5)(b) of that Act to a small business entity were instead a reference to an entity covered by this subsection.

(4) Schedule 1, item 4, page 4 (line 15), omit “$20,000”, substitute “$30,000”.*

(5) Schedule 1, item 5, page 4 (line 24), omit “$20,000”, substitute “$30,000”.

(6) Schedule 1, item 6, page 5 (line 1), omit “$20,000”, substitute “$30,000”.