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ARTICLE · 10 JUNE 2011

Proposed taxation changes to enhance loss utilisation for particular infrastructure projects

Discussion of a new tax incentive encouraging private investment in infrastructure projects.

AustraliaReal Estate and Construction

Key Points:

The Commonwealth Government, as part of its 2011-12 Budget, announced its intention to "introduce a new tax incentive designed to remove impediments in the tax system that discourage private investment in infrastructure projects."

Background

Partnerships between the government and the private sector are a well recognised option for infrastructure projects in Australia. However, in some respects the tax treatment of infrastructure projects has become a disincentive to private investment. The proposed changes are intended to eliminate particular concerns regarding the ability of investors to obtain the full benefit of early stage tax deductions.

Infrastructure projects involve significant up-front costs (generally during the construction phase) which give rise to early stage tax deductions and carried forward tax losses. Currently, the value of such tax losses to private investors is limited as:

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