Article 80 serves as an anti-avoidance measure for asset acquisitions. It mandates that if the recorded capital expenditure for an asset exceeds the amount that would have been incurred in an open market (arm's length) transaction, the excess portion must be excluded from the asset's cost for tax purposes. This prevents taxpayers from artificially inflating the value of assets—particularly in related-party transactions—to claim higher depreciation deductions and reduce their taxable income. By enforcing market-value standards, the Law ensures that tax relief is only granted on legitimate, commercially justified investment costs.
Part 3 - Chargeability to Tax
Chapter 3 - Depreciation of Capital Assets
Section 2 - Determination of Capital Assets and Expenses Related Thereto
Article 80
[GTL Notes: Exclusion of Excess Capital Expenditure (Above Market Value)]
Where the amount of the capital expenditure of an asset acquired exceeds what it would have been if it had been incurred in the open market, the excess shall be excluded from that amount.
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