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Does a balancing adjustment event occur for a luxury car under paragraph 40-295(1)(a) of the Income Tax Assessment Act 1997 (ITAA 1997) if, following the early termination of a novation arrangement with one employer, the employee novated the car lease to another employer?

Yes. A balancing adjustment event does occur for the car under paragraph 40-295(1)(a) of the ITAA 1997 because the second novation causes the employee lessee to stop holding the car.

The taxpayer entered into a three year finance lease of a luxury car. The taxpayer, an employee, also entered into an arrangement with their employer to fully novate the lease. The novation arrangement was terminated 12 months later because the employee ceased to be employed by the employer. Following the employee's engagement by another employer, the taxpayer fully novated the lease to the new employer.

Former Division 42A of former Schedule 2E to the Income Tax Assessment Act 1936 (ITAA 1936) (repealed on 1 July 2010 and replaced with Division 242 of the ITAA 1997) applies to the lease of a luxury car. Ordinarily, the taxpayer, as the lessee of a luxury car, is the holder of the car pursuant to item 1 of the table in section 40-40 of the ITAA 1997.

Under a fully novated lease, however, the employer is the lessee of the car for the purposes of former Division 42A of former Schedule 2E to the ITAA 1936. In this case, the first employer was the holder of the car under item 1 of the table in section 40-40 of the ITAA 1997 until the novation arrangement was terminated.

When the first novation arrangement was terminated because the employee ceased to be employed by the first employer, that employer stopped being the lessee of the car for the purposes of former Division 42A of former Schedule 2E to the ITAA 1936. Consequently, the first employer stopped holding the car because item 1 of the table in section 40-40 of the ITAA 1997 no longer applied. Instead, the employee, as the lessee of the luxury car, started to hold the car under item 1 of the table in section 40-40 of the ITAA 1997.

When the employee fully novated the lease to the second employer, the second employer became the lessee of the car for the purposes of former Division 42A of former Schedule 2E to the ITAA 1936 and, for the reasons described above, the holder of the car under item 1 of the table in section 40-40 of the ITAA 1997.

A balancing adjustment event occurs for a depreciating asset under paragraph 40-295(1)(a) of the ITAA 1997 if a holder of the asset stops holding it. In this case, the employee stopped holding the car when there was a fully novated lease with the second employer.

Accordingly, a balancing adjustment event occurred under paragraph 40-295(1)(a) of the ITAA 1997 for the car held by the employee at the time the employee fully novated the lease to the second employer.

Date of Amendment Part Comment 7 August 2018 Reasons for Decision Legislation repealed on 1 July 2010. New Legislataive reference inserted.

Date of Amendment | Part | Comment

7 August 2018 | Reasons for Decision | Legislation repealed on 1 July 2010. New Legislataive reference inserted.